Call for Proposals for AFOREs to Provide Services for Recording and Controlling Resources of Unassigned and Inactive Individual Accounts

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DOF: 28/05/2018

CALL FOR PROPOSALS directed to the Administradoras de Fondos para el Retiro (AFOREs) interested in acting as service providers to manage the recording and control of resources for individual accounts pending assignment and inactive individual accounts, in accordance with Article 76 of the Law of the Savings Systems for Retirement.

At the margin, a seal with the National Coat of Arms, stating: United Mexican States.- Ministry of Finance and Public Credit.- National Commission of the Retirement Savings System.

CALL FOR PROPOSALS DIRECTED TO THE ADMINISTRADORAS DE FONDOS PARA EL RETIRO INTERESTED IN ACTING AS SERVICE PROVIDERS TO MANAGE THE RECORDING AND CONTROL OF THE RESOURCES FOR INDIVIDUAL ACCOUNTS PENDING ASSIGNMENT AND INACTIVE INDIVIDUAL ACCOUNTS, IN ACCORDANCE WITH ARTICLE 76 OF THE LAW OF THE SAVINGS SYSTEMS FOR RETIREMENT.

The President of the National Commission of the Retirement Savings System, based on Articles 1, 2, 5 fractions I, II and XVI, 12 fraction I, 18, 18 bis and 76 of the Law of the Savings Systems for Retirement; Articles 1, 54 and 55 of the Regulations of the Law of the Savings Systems for Retirement; Articles 70, 71, 72, 73, 74, 75, 76, 77, 78 and 79 of Chapter III of Title Three of the General Provisions on Operations of the Retirement Savings Systems in force; and Articles 1, 2 fraction III and 8 first paragraph of the Internal Regulations of the National Commission of the Retirement Savings System, has deemed it appropriate to issue the following:

CALL FOR PROPOSALS DIRECTED TO THE ADMINISTRADORAS DE FONDOS PARA EL RETIRO INTERESTED IN ACTING AS SERVICE PROVIDERS TO MANAGE THE RECORDING AND CONTROL OF THE RESOURCES FOR INDIVIDUAL ACCOUNTS PENDING ASSIGNMENT AND INACTIVE INDIVIDUAL ACCOUNTS, IN ACCORDANCE WITH ARTICLE 76 OF THE LAW OF THE SAVINGS SYSTEMS FOR RETIREMENT.

THE NATIONAL COMMISSION OF THE RETIREMENT SAVINGS SYSTEM

CALLS

To the Administradoras de Fondos para el Retiro interested in acting as Service Providers, to participate in the bidding process to manage the recording and control of Individual Accounts pending assignment of Workers newly entering the Retirement Savings Systems, and Inactive Individual Accounts, in accordance with Article 76 of the Law of the Savings Systems for Retirement, and to provide the services established in Article 55 of the Regulations of the Law of the Savings Systems for Retirement, as well as Articles 70, 71, 72 and 73 of the General Provisions on Operations of the Retirement Savings Systems in force, hereinafter referred to as the "Provisions on Operations".

BASES

1. Objective

To select the Service Provider that, based on what is provided in the Law of the Savings Systems for Retirement, its Regulations, and the Provisions on Operations, offers the proposal with the best available conditions in terms of service levels and price to manage the recording and control of the resources of Individual Accounts pending assignment corresponding to Workers newly entering the Retirement Savings Systems and of Inactive Individual Accounts, to provide the services referred to in Article 55 of the Regulations of the Law of the Savings Systems for Retirement as well as Articles 70, 71, 72 and 73 of the Provisions on Operations.

The Individual Accounts that will be the subject of this Call for Proposals are the Individual Accounts pending assignment of Workers newly entering the Retirement Savings Systems and the Inactive Individual Accounts.

According to estimates made by the Commission, during 2017 the flow of Individual Accounts of Workers received by the Service Providers amounted to 1,975,731 (one million nine hundred seventy-five thousand seven hundred thirty-one) accounts, which represented an average monthly amount of $33,862.8 (thirty-three thousand eight hundred sixty-two point eight million pesos) deposited in the Bank of Mexico corresponding to retirement, seniority in old age and old age resources, complementary contributions, social quota and state quota administered by the Service Provider. The average balance per Individual Account is approximately $4,200 (four thousand two hundred pesos).

2. Schedule of Activities

2.1. The schedule to which the present bidding process to choose the Administrator that will act as Service Provider will be subject is as follows:

ACTIVITY	DATES
1 Clarification Meeting	2 business days following the publication of the Call for Proposals in the Official Gazette of the Federation, at 10:00 hours, at the Commission's facilities.
2 Delivery and Receipt of the Technical and Economic Proposal	On the eighth business day following the publication of the Call for Proposals in the Official Gazette of the Federation. From 10:00 to 12:00 hours, at the Commission's facilities.
3 Notification of the Award	5 business days following the delivery and receipt of the Technical and Economic Proposal. From 10:00 to 12:00 hours at the Commission's facilities.
4 Notification of the service award	Within four business days following the notification of the award.

3. Information on the services that the Service Provider must offer

3.1. The complete description and technical specifications of the services that the winning Administrator of this bidding process must provide and comply with to act as Service Provider, are established in the Technical Annex of this Call for Proposals, as well as in what is provided by the Regulations of the Law of the Savings Systems for Retirement and the Provisions on Operations.

4. Clarification Meeting

4.1. The Clarification Meeting aims to allow the Applicant Administrator(s) to clarify their doubts regarding the requirements and the bidding process.

4.2. The Clarification Meeting will be held 2 business days following the publication of this Call for Proposals in the Official Gazette of the Federation, at 10:00 hours in the Commission's Auditorium on the 4th floor of the Commission's facilities, located at Camino a Santa Teresa number 1040, Jardines en la Montaña Neighborhood, Postal Code 14210, Tlalpan Delegation, Mexico City, Mexico. Attendance at this meeting is optional for Applicant Administrators.

The act will be presided over by the public servant designated by the convener, assisted by a representative from the operational area and one from the legal area.

4.3. In order to streamline the Clarification Meeting process, the receipt of doubts or clarification requests from the Applicant Administrator(s) regarding the bidding process will be only through the email address licitacion@consar.gob.mx, no later than 24 hours before the date and time the Clarification Meeting will take place.

Doubts or clarification requests must be stated concisely and be directly linked to the points contained in the Call for Proposals and the Technical Annex, indicating the specific number or point with which they relate. Requests that do not meet the stated requirements may be rejected by the convener.

4.4. Any modification to the Call for Proposals and the Technical Annex resulting from the holding of the Clarification Meeting will be considered an integral part of the Call for Proposals and the Technical Annex.

4.5. The Commission will answer questions posed by the Applicant Administrator(s) via email. It will also issue and send a Minutes document derived from the Clarification Meeting to the Administrator(s) participating in said Meeting, via the email address licitacion@consar.gob.mx. The lack of signature of the Minutes document derived from the Clarification Meeting by the Applicant Administrator(s) participating in it does not invalidate its content.

4.6. The public servant presiding over the clarification meeting may suspend the session due to the number of clarification requests received or the time it would take to respond to them, informing the bidders of the time and, if applicable, the date or place where the clarification meeting will continue.

5. Delivery and Receipt of Technical and Economic Proposal

5.1. The Administrator(s) interested in participating in this bidding process must deliver their Technical and Economic Proposal on the eighth business day following the publication of the Call for Proposals in the Official Gazette of the Federation in a closed and sealed envelope. This envelope must be correctly identified with:

5.1.1. The corporate name of the Applicant Administrator.

5.1.2. Content of the envelope, with the legend "Technical and Economic Proposal to act as Service Provider".

5.1.3. List of documents contained in said envelope.

5.2. The documents must be presented to the Commission in original, folioed on each page, as well as in one copy contained entirely in PDF format on a magnetic device.

5.3. The documents must be signed preferably on all their pages and necessarily on the last page of each of the documents to be delivered, by the representative or legal proxy of the Administrator duly accredited before the Commission, with the exception of public deeds notarized before a Notary Public that they present.

5.4. Each of the documents that make up the proposition and those distinct from it must be folioed on every single page that makes them up. To this effect, the technical and economic proposals, as well as the rest of the documents delivered by the bidder, must be numbered individually.

5.5. The act of delivery and receipt of the envelopes containing the Technical and Economic Proposal of the Applicant Administrators will take place within the period mentioned in item 5.1, at 10:00 hours, at the Commission's facilities as determined in the minutes issued in the Clarification Meeting.

5.6. The opening of the envelopes will be done in the presence of the corresponding interested parties.

5.7. The Commission will not take into account modifications, additions, or extensions to the proposals that remedy substantial deficiencies of the presented proposals.

5.8. Once the Technical and Economic Proposal is received on the date, time, and place established in this Call for Proposals, it cannot be withdrawn or rendered ineffective, so it will be considered valid throughout the entire bidding process until its conclusion.

6. Criteria for the Evaluation of the Technical and Economic Proposal

6.1 The evaluation will be carried out by verifying that the proposals include the information, documents, and requirements requested in this Call for Proposals, the Technical Annex, and the modifications resulting from the Clarification Meeting.

6.2. The evaluation of the technical proposals will be carried out by verifying that all conditions offered by the Applicant Administrators comply with the solvency and the characteristics and technical specifications required in this Call for Proposals, Technical Annex, and the modifications derived from the Clarification Meeting, using the qualification method of "complies" or "does not comply", so that no point or percentage mechanisms will be used.

It will be understood that the Applicant Administrator "complies" when it meets all the requirements of the Call for Proposals and the Technical Annex.

6.3. The evaluation of the economic proposals will be carried out by reviewing the commissions offered for the provision of the service subject of this Call for Proposals, and an economic comparative table of the proposals that have met all the legal, administrative, and technical requirements demanded in the Call for Proposals, the Technical Annex, and the modifications derived from the Clarification Meeting and that have not been rejected will be prepared.

6.4. Once the proposals have been evaluated, the service will be awarded to the Applicant Administrator that has offered the lowest commission and whose offer is solvent, complies with the legal, technical, and economic requirements established in the Call for Proposals, the Technical Annex, and the modifications derived from the Clarification Meeting, and therefore guarantees the fulfillment of the obligations.

6.5. If, as a result of the evaluation of the proposals, a tie occurs in the commission offered by two or more Applicant Administrators, the Commission will notify this situation to said Administrators and set a date for them to, if applicable, submit a new Economic Proposal, which must be presented in a closed envelope and on letterhead paper, in accordance with what is stated in the Technical Annex, and in that same act the Economic Proposals will be opened and the service will be awarded to the Applicant Administrator that has offered the lowest commission.

If the tie persists among the Administrators, the Commission will notify said situation to the Administrators and will carry out a lottery by drawing lots among the Applicant Administrators whose economic proposals are tied, and the service will be awarded to the Applicant Administrator whose ballot is drawn from the urn in the presence of the Applicant Administrators whose economic proposals have resulted in a tie. The Commission will notify the Applicant Administrators of the result of the lottery.

7. Notification of the Award

7.1. The award issued by the Commission must contemplate at least the following:

7.1.1. Name of the Applicant Administrators whose proposals were rejected as a result of their detailed analysis and the reasons for doing so.

7.1.2. Name of the Applicant Administrators whose proposals were evaluated for offering the lowest commission, and the result of the evaluation of each of them.

7.1.3. Name of the Administrator to whom the service is awarded, indicating the commission offered.

7.2. The Commission, by official letter, will notify the winning Administrator that its proposal met all the requirements, and the commission offer was accepted by the Commission.

7.3. Within four business days of the award being notified, the Commission will proceed to issue the corresponding official letter by which the award for the provision of the service to the winning Administrator, who has met all the requirements and offered the lowest commission, will be notified, and, if applicable, in this act, the winning Administrator will be indicated the number of Individual Accounts for which it will be responsible for recording and controlling.

8. Causes for Disqualification to Reject the Technical and Economic Proposal

By way of an indicative but not exhaustive list, the following will be causes for disqualification to reject the proposal(s):

8.1. When the Applicant does not comply with any of the requirements indicated in this Call for Proposals, the Technical Annex, and the modifications derived from the Clarification Meeting.

8.2. When the envelope containing the Technical and Economic Proposal has not been closed.

8.3. When the Technical Proposal does not meet the requirements and technical specifications required in accordance with this Call for Proposals, the Technical Annex, and the modifications derived from the Clarification Meeting.

8.4. When the legal and administrative documentation, as well as the Technical and Economic Proposal, are not manually signed by the representative or legal proxy of the Administrator.

8.5. When the commissions indicated in the Economic Proposal are excessive to the interests of the Workers, in the judgment of the Commission, in terms of what is established in the Law, the Regulations, and the Technical Annex.

8.6. Other cases in which this same Call for Proposals and the Technical Annex expressly indicate.

9. Language in which the Technical and Economic Proposal must be presented

The proposals must be presented in Spanish.

10. Term, Place, and Conditions for the Provision of Services

10.1. The provision of services will have a validity of 36 months from the date on which the receipt of the Individual Accounts subject to the Call for Proposals begins, and may be extendable for up to 12 more months, at the discretion of the Commission.

10.2. The winning Administrator must provide the services subject to this Call for Proposals in its own facilities.

11. Non-compliance in the Provision of Services

In case of non-compliance in the provision of the service, the Service Provider Administrators will be subject to the corresponding sanctions in terms of the Law.

12. Grounds for Declaring the Call for Proposals Void

12.1. The Commission will declare the bidding referred to in this Call for Proposals void when no proposals are presented at the presentation and opening act, or when there is no proposal that has covered the requirements requested in the Call for Proposals, the Technical Annex, and the modifications derived from the Clarification Meeting, or if the offered commissions are not acceptable.

It will be considered that the proposed commission is acceptable when it is not excessive to the interests of the Workers and is lower than the commission prevailing in the market regarding the provision of similar services.

The Commission determines that the commission that Service Providers may charge must be lower than the one in force in the Retirement Savings Systems, for the recording and control of resources of individual accounts pending assignment and inactive individual accounts, in exercise of the power provided in the second paragraph of Article 76 of the Law of the Savings Systems for Retirement.

Likewise, it will be considered that the proposed commissions are acceptable when they consider only up to two decimal places.

In case the bidding is declared void, a new Call for Proposals will be published in the Official Gazette of the Federation in accordance with what is provided in the third paragraph of Article 74 of the Provisions on Operations.

12.2. In case the Commission declares the bidding procedure provided for in this Call for Proposals void, the Service Provider currently in operation will continue to provide the service under the same terms in which the Commission awarded the service to it, until a new Service Provider is designated.

13. Early Termination of Service as Service Provider

The Commission may terminate the award for the provision of service early, among other cases, when:

13.1. Reasons of general interest concur, or when, for justified causes, the need to require the originally established services expires, and it is demonstrated that, if the fulfillment of the agreed obligations continues, some damage or prejudice to the Workers would be caused, or the total or partial nullity of the acts that gave rise to the award of the service is determined.

13.2. The Service Provider repeatedly fails to comply with the obligations assigned to it established in the Call for Proposals, the Technical Annex, and the modifications derived from the Clarification Meetings.

It is understood that there is a repeated non-compliance with the obligations when this Commission detects that the Service Provider has failed to carry out two or more times the commitments assumed through the Call for Proposals, the Technical Annex, and the modifications derived from the Clarification Meeting.

13.3. The Service Provider does not deliver the necessary information, in accordance with what is provided in this Call for Proposals, the Technical Annex, and the modifications derived from the Clarification Meeting, and, in the judgment of the Commission, seriously affect the interests of the Workers.

13.4. The Service Provider enters a state of dissolution and liquidation, merges, or assigns its portfolio.

13.5. When the need to continue providing the originally established services expires, as a consequence of changes to the Law, Regulations, and general provisions of general character in the retirement savings systems.

13.6. In other cases established in the Provisions on Operations.

13.7. When there is a final resolution of the Federal Economic Competition Commission in which absolute monopoly practices have been determined to have been carried out by the Applicant Administrator that wins the award, to contract, agree, or arrange combinations among Administrators, whose effect object or effect is to establish, concretize, or coordinate positions or the abstention of the same, in the corresponding bidding process, which would have allowed it to be awarded the service; in accordance with what is provided in the Federal Economic Competition Law.

Mexico City, May 22, 2018.- The President of the National Commission of the Retirement Savings System, Carlos Ramírez Fuentes.- Rubric.

TECHNICAL ANNEX

Service Providers for the recording and control of the resources of Individual Accounts pending assignment of Workers newly entering the Retirement Savings Systems and of Inactive Individual Accounts in accordance with Article 76 of the Law of the Savings Systems for Retirement, its Regulations, and the General Provisions on Operations of the Retirement Savings Systems.

INDEX

1. DEFINITIONS

2. FUNCTIONS OF THE SERVICE PROVIDERS

2.1. Regarding the recording and control of Individual Accounts:

2.2. Regarding the recording of information

2.3. Deliverables to the Commission

2.4. Deliverables to the Operating Company

2.5. Worker's Rights

2.6. Confidentiality and compliance with regulations

2.7. Assignment of Individual Accounts to the Administradoras that register the Workers

2.8. Assignment of Active Individual Accounts for assignment in annual assignment processes

3. REQUIREMENTS

3.1. The existence and legal personality of the Applicant Administradoras

3.2. Capacity to provide the service

3.3. Proven capacity in the administration of Individual Accounts

3.4. Financial solvency

3.5. Quality and service levels

3.6. Letters

3.7. Economic Proposal

3.8. Others

4. ANNEX

4.1. List of documents to be presented for the Technical Proposal

4.2. List of documents to be presented for the Economic Proposal

1. DEFINITIONS

For the purposes of the Call for Proposals and this Technical Annex, in addition to the definitions contained in the Law of the Savings Systems for Retirement, the Regulations of the Law of the Savings Systems for Retirement, and the General Provisions on Operations of the Retirement Savings Systems, the following shall be understood:

1.1.

Administradora Postulante, to the Administrator of Retirement Savings Funds that participates in the bidding procedure referred to in the Call for Service Providers;

1.2.

Database, to the database containing the information of the Workers' Individual Accounts regarding which the Service Providers carry out the record-keeping and control of the resources; and

1.3.

Operational Regulations, to the General Provisions on Operations of the Retirement Savings Systems in force.

1.4

Workers' Inactive Individual Accounts, considered as such those accounts that have not had movements for deposit of quotas and contributions during a calendar year period counted from the last deposit made, corresponding to the 2010 generation and subsequent;

2. OF THE FUNCTIONS OF THE SERVICE PROVIDERS

The Service Providers must provide the services referred to in Article 55 of the Regulations, as well as the services established in Chapter III of Title Three of the Operational Regulations.

2.1.

Regarding the record-keeping and control of the resources of the Individual Accounts.

2.1.1.

Receive the information on the quotas and contributions of the Individual Accounts of new IMSS Workers pending assignment to the Retirement Savings Systems and of the Inactive Individual Accounts;

2.1.2.

Reconcile with the Operating Companies the amounts for commission concepts to be settled to the Service Provider;

2.1.3.

Keep the record of the interest generated by the quotas during the time the contributions are in reconciliation processes and reconcile with the Operating Companies the interest generated by the Individual Accounts;

2.1.4.

Provide historical and updated information of the Individual Account;

2.1.5.

Keep the record of the quotas and contributions for the retirement, advanced age and old-age unemployment insurance, the social quota, the Housing Contributions, as well as other corresponding contributions;

2.1.6.

Keep the record of the balance of the resources for the retirement, advanced age and old-age unemployment insurance, social quota and other sub-accounts that correspond, as well as the returns generated by their deposit in the Concentrator Account and the commission charged by the Service Provider;

2.1.7.

Keep the record of the balance of the Housing Sub-account and of the returns it generates in accordance with the Law of the National Institute for Housing Funds for Workers;

2.1.8.

Keep the accounting record of the balance and returns of:

a)

The retirement, advanced age and old-age unemployment, social quota, Voluntary, SAR 92 and Complementary sub-accounts of the Individual Accounts pending assignment and of the Inactive Individual Accounts, regarding which they have the record-keeping and control of the resources, while they remain deposited in the Concentrator Account, with the information provided for such effect by the Operating Companies in accordance with the applicable provisions issued by the Commission and the Accounting Order Guidelines made known to the Administrators;

b)

The Housing 97 and Housing 92 sub-accounts of the Individual Accounts pending assignment and of the Inactive Individual Accounts whose resources remain in INFONAVIT, regarding which they have the record-keeping and control of the resources, with the information provided for such effect by the Operating Companies in accordance with the applicable provisions issued by the Commission and the Accounting Order Guidelines made known to the Administrators;

2.1.9.

Report the balance of the resources for the retirement, advanced age and old-age unemployment insurance, or for the Housing Contributions and other corresponding sub-accounts, on the same day the Worker requests it;

2.1.10.

Cede the Individual Accounts of the Workers who voluntarily register in an Administrator at the moment the Operating Company requests it, or which are subject to a process of unification of Individual Accounts, in accordance with the regulations issued by the Commission;

2.1.11.

Cede the Individual Accounts of the Workers that are subject to the annual assignment processes in terms of Article 76 of the Law, the Regulations and the Operational Regulations;

2.1.12.

Establish mechanisms and controls that prevent the commercial area of the Administrator(s) acting as Service Provider(s) from having additional, different or different-time information compared to other Administrators, and

2.1.13.

Provide the information required by the Commission for the performance of its inspection and surveillance functions in accordance with applicable regulations.

2.2.

Regarding the registration of information.

2.2.1.

Receive from the Operating Companies:

2.2.1.1.

The information on Quotas and Contributions of Workers every two months for the opening of their Individual Account, and;

2.2.1.2.

The information on worker-employer contributions in accordance with the regulations issued by the Commission;

2.2.2.

Carry out the registration of the Workers' Individual Accounts with the following information:

2.2.2.1

Worker data, such as paternal surname, maternal surname and name(s);

2.2.2.2.

Worker's Social Security Number;

2.2.2.3.

CURP, if applicable;

2.2.2.4.

Federal Taxpayer Registry, if applicable;

2.2.2.5.

Date on which the Individual Account information was distributed to the Service Provider, according to Operating Company records;

2.2.2.6.

Record of retirement, advanced age and old-age unemployment, housing and other sub-accounts that are subject to individualization of contributions, and

2.2.2.7.

The other information required for the registration of an Individual Account established in the Operational Regulations.

2.3.

Deliverables to the Commission.

2.3.1.

Deliver to the Commission a report on the services provided, in accordance with the format, characteristics and deadlines previously approved by the Commission. The Individual Account information included in the report must consider at least the following:

2.3.1.1.

Number of Individual Accounts managed;

2.3.1.2.

Balance of the Individual Accounts managed by sub-account;

2.3.1.3.

Number of Individual Accounts that entered in the period;

2.3.1.4.

Number of Individual Accounts that have requested their registration;

2.3.1.5.

Interest generated in the period;

2.3.1.6.

Amount of commissions charged to the Individual Accounts in the period;

2.3.1.7.

Number of queries received from Workers, and

2.3.1.8.

Other information requested by the Commission.

2.4.

Deliverables to the Operating Companies.

2.4.1.

Deliver the Database with the historical movements and updated balances of the Individual Accounts managed upon completion of their term as Service Provider, in the format and characteristics defined jointly with the Operating Companies, and

2.4.2.

Deliver to the Operating Companies the information for contacting the Workers of the Individual Accounts they manage, so that it in turn makes it available to all Administrators. This information must contain as a minimum the identification data of the Workers, of the contributions, in accordance with the Operational Regulations.

2.5.

Worker Rights.

2.5.1.

The Service Providers must issue and periodically send to each of the new Workers entering the Retirement Savings Systems pending assignment and Workers with Inactive Individual Accounts, the corresponding account statements, in accordance with what is provided in the Law, its Regulations and the Operational Regulations.

2.6.

Confidentiality and compliance with regulations.

2.6.1.

Protect the integrity and confidentiality of the information of the Retirement Savings Systems, attending to what is established in the Federal Law on Protection of Personal Data Held by Private Parties; as well as establishing measures oriented to safeguard the principles for fair competition among Participants in the Retirement Savings Systems;

2.6.2.

Implement contingency plans and information processing systems to ensure the capacity, continuity, integrity, confidentiality and availability of their operations against technical failures, fortuitous events or force majeure. Such plans and systems must comprise, at least, the necessary measures that allow minimizing and repairing the effects generated by technical failures, fortuitous events or force majeure, as well as reestablishing the minimum levels of operation;

2.6.3.

Be subject to the regulations issued by the Commission, the Call, this Technical Annex and the modifications derived from the Clarification Board, and

2.6.4.

The Service Provider undertakes not to use confidential information for any other purpose than the fulfillment of its obligations in accordance with the letter informing the award of the service and current regulations, and to refrain from disclosing such information, by any means, to any third party, without the prior written consent of the Commission.

The obligations agreed upon will be extended to the employees, officials, board members and/or shareholders of the Administrator authorized for the functions of Service Provider.

2.7.

Cession of Individual Accounts to the Administrators that register the Workers.

2.7.1.

The Service Provider undertakes to deliver to the Administrators that carry out the Registration of Individual Accounts, the information and records made during the time the record-keeping and control of the resources of said Individual Accounts was carried out, in accordance with what is provided in the Operational Regulations.

2.8.

Cession of Active Individual Accounts for assignment in annual assignment processes.

2.8.1.

The Service Provider must receive from the Operating Companies the information on the amount of the resources of the Individual Accounts that will be assigned and undertakes to transfer said resources to the Credit Institution Liquidator, during the assignment process carried out in accordance with the calendar determined by the Commission, in accordance with what is provided in the Law, the Regulations and the Operational Regulations.

3. OF THE REQUIREMENTS

The Administrator interested in acting as Service Provider must prove:

3.1. The existence and legal personality of the Applicant Administrators

How the existence and legal personality of the Applicant Administrator will be proven:

3.1.1.

To prove the existence and legal personality, the Applicant Administrators, through a representative, must present a letter preferably on the letterhead of the Applicant Administrator, in which they declare under oath that the data recorded are true, that they have been duly verified and that they have sufficient authority to sign the corresponding proposals and commit on behalf of the Applicant Administrator; as well as that the Applicant Administrator has no labor links or property ties with another Administrator, directly or indirectly, through its shareholders or officials. In said writing, the following data will be recorded:

3.1.1.1.

Of the Applicant Administrator: Federal Taxpayer Registry Key; name and address; the description of the social object of the Administrator; number and date of the public deed in which the constitutive act and, if applicable, its reforms or modifications are recorded, indicating the name, number and jurisdiction of the notary or public official who notarized them; as well as date and data of its registration in the Public Commerce Registry, and list of the names of the partners appearing in them; the foregoing, in accordance with what is established in articles 20, 21, 23 and 24 of the Law, and

3.1.1.2.

Of the representative or legal attorney of the Applicant Administrator:

Number and date of the public deed in which the authority to sign the proposal was granted, indicating the name, number and jurisdiction of the public official who notarized it, and

3.1.2.

In accordance with the above-mentioned paragraph, whoever attends on behalf of the Applicant Administrator to the act of delivery and receipt of the Technical and Economic Proposal must present a simple power of attorney to participate in said act and a copy of their valid official identification, which includes signature and photograph. In case of not presenting it, the lack of identification or accreditation of the representation of the person who only delivers the proposals will not be a cause for disqualification; they may only participate during the development of the act as an observer.

3.2. Of the capacity to provide the services

The respective declaration will be presented on the letterhead of the Applicant Administrator and with the signature of the representative or legal attorney, in which the capacity to carry out the record-keeping and control of the resources of the Individual Accounts received as Service Provider is indicated.

3.3. Proven capacity in the administration of Individual Accounts

How the capacity in the administration of Individual Accounts will be proven:

3.3.1.

Present a general program of operation and functioning of the Service Provider, as well as the policies and procedures that, in case of being the winner, must be integrated into the Policies and Procedures Manual of the Service Provider, in accordance with Article 4 of the Operational Regulations. In addition to what is provided in said provisions, the policies and procedures must include the criteria that will be established to guarantee the functioning of the following aspects:

a.

Internal mechanisms and controls on the security and integrity of the Database;

b.

Mechanisms to prevent the commercial area of the Administrator from having access to the Database of the Service Provider;

c.

Separation between the Database of the Service Provider, and the database of the Administrator;

d.

Mechanisms to guarantee the portability, security and integrity of the Database;

e.

Policies and procedures that ensure at all times the level of quality of the service provision;

f.

Control schemes and policies of operation, authorization and access to systems, databases and applications through any technological means, by the authorized personnel of the Administrator Service Provider, and

g.

Procedures regarding the storage, custody, maintenance and control of files containing the information, and if applicable, documentation, related to the operations performed.

3.4. Financial solvency

3.4.1.

Present an analysis of the financial projection that demonstrates that the Applicant Administrator has sufficient financial capacity to guarantee the fulfillment of the functions required for the operation of the Service Provider. Such analysis must be approved by the Board of Directors or equivalent body of the Administrator.

3.4.2.

Proforma projection of the balance sheet, income statements and main items of the cash flow based on historical information of the audited financial statements of the immediate previous exercise for the years 2018 to 2020 without including the projections of the commissions and proforma operation of the service provider, assuming that the Applicant Administrator is the winner. Likewise, the business variables that were incorporated to obtain the aforementioned projections will be mentioned.

3.4.3

Business feasibility study focused on the performance of the Service Provider, which must contain:

3.4.3.1.

Definition of the business and objectives of the Service Provider where it describes in detail the business plan and the objectives it will pursue, which must be quantifiable and with a defined time horizon;

3.4.3.2.

Market analysis, indicating the methodology used and whose results are statistically representative, considering the following:

a.

The supply and demand conditions, as well as the incidence that the Service Provider will have on them, and

b.

The keys to success, derived from a Strengths, Opportunities, Weaknesses and Threats (SWOT) analysis.

3.5. Quality and service levels

3.5.1.

Accredit technical capacity and sufficiency of infrastructure for the administration of the Individual Accounts, in such a way as to guarantee the storage and processing of information under quality standards that ensure its integrity, which must contain the following:

3.5.1.1.

Technical characteristics of the computer systems intended to be used to fulfill the functions of the Service Provider in relation to those currently available to the Administrator, incorporating the security measures that will be used to identify the processes and without it being necessary to include the specifications of the communication links;

3.5.1.2.

Growth of the computer systems, if necessary to act as Service Provider, and

3.5.1.3.

Characteristics of the storage and processing devices of the information, as well as the backups required to act as Service Provider.

3.6. Letters

The Applicant Administrators must present each of the following letters separately on the letterhead of the Administrator signed by the representative or legal attorney in which they declare under oath:

3.6.1.

Their intention to act as Service Provider;

3.6.2.

Acceptance, conformity and compliance with the Call, Technical Annex and other administrative provisions. The text must contain a text similar to the following:

" It is the will of my represented entity to participate in this Call, accepting the conditions, in strict compliance and subject to the provisions contained in the Call and Technical Annex, issued by the Commission in relation to said Call ";

3.6.3.

That they will refrain from adopting conduct so that public servants of the Commission induce or alter the evaluations of the proposals, the result of the procedure or other aspects that grant more advantageous conditions compared to other Applicants;

3.6.4.

Their compliance with Article 9 of the Federal Law on Economic Competition, in which they declare that they will not carry out absolute monopolistic practices before or during the process, nor will they cooperate, collaborate, discuss or reveal in any way their positions and strategies, with other Applicant Administrators.

It should be noted that, in case of incurring in absolute monopolistic practices, in accordance with Article 127 fraction IV of the Federal Law on Economic Competition, the Federal Economic Competition Commission may apply to the Applicant Administrators a fine up to the equivalent of ten percent of the income of the economic agent, for having incurred an absolute monopolistic practice, independent of the civil and criminal liability incurred;

3.6.5.

That they commit not to disclose or use any information to which they have access for the execution of the services, subject of this Call and must keep absolute confidentiality. If not, damages and losses will be paid, regardless of the criminal actions that proceed. The foregoing, for the purpose of guaranteeing the safeguarding of information that has the character of reserved and confidential in the terms provided in the Federal Law on Transparency and Access to Government Public Information;

3.6.6.

That they undertake before the Commission to respond for the quality of the services provided, as well as for any other liability in which they may incur, in the terms indicated in the letter by which the award of the service is informed, in the Federal Civil Code and in the Federal Code of Civil Procedures;

3.6.7.

That in case of being the winner, they guarantee that the provision of the services will be carried out in strict compliance with what is requested in the Call, Technical Annex and modifications derived from the Clarification Board, during the validity of the provision of the service, and

3.6.8.

That in case of being the winner, they recognize that they are the only responsible for the labor relationship with the personnel who intervene in the services subject of this Call, expressly recognizing that there is no subordination or labor relationship, or of any other nature, between the Commission and the personnel who perform the services. Likewise, that the winning Administrator is the only one obliged to the payment of salaries and other labor benefits, worker-employer contributions to IMSS, contributions to INFONAVIT and SAR; withholding and payment of taxes that accrue or are derived from the personnel who intervene in the provision of the services, being equally responsible, in case said personnel suffers any illness or work accident, and if applicable, for any claim of a labor or social security nature, releasing the Commission from any present and future responsibility. The foregoing, so that the Applicant Administrator manifests that it is the only responsible for the labor relationship with the personnel who will provide the services, in accordance with the Federal Labor Law, the Social Security Law and the Retirement Savings Systems Law in force.

3.7. Economic Proposal

The Applicant Administrators must present the commission proposal that they will charge for the record-keeping and control of the resources of Individual Accounts of new Workers pending assignment to a Service Provider and of Inactive Individual Accounts that are reassigned, as a percentage of the assets under management; which will be presented in annualized percentage terms with respect to the average monthly balance of the Individual Accounts that are invested in the Concentrator Account, in accordance with what is established in the Call and the modifications derived from the Clarification Board.

The Applicant Administrators must consider in their Economic Proposal that the services provided to Workers whose Individual Accounts are pending assignment or are Inactive Individual Accounts, are lower in relation to the services provided to a Worker registered or assigned in an Administrator. It should be noted that there will be no costs for the processes of

dispersion to the IMSS, nor will commissions be paid to Operating Companies for the processes carried out.

For the commission proposal of the Applicant Administrators to be acceptable, it must consider up to two decimal places and must be lower than the percentage of the commission that prevails in the market, with respect to the provision of similar services.

The Commission determines that the commission that Service Providers may charge must be lower than the commission in effect in the Retirement Savings Systems for the recording and control of resources of unassigned individual accounts and inactive individual accounts, in exercise of the faculty provided for in the second paragraph of Article 76 of the Law of the Retirement Savings Systems.

3.8. Others

The Commission reserves the right to declare the Call for Proposals void in cases where it deems it necessary to safeguard interests for the benefit of Workers.

4. ANNEX

4.1. List of documents to be presented in the Technical Proposal

No.

THE PROPOSAL MUST BE DELIVERED IN ACCORDANCE WITH THE ORDER OF THIS ANNEX

Points of

relationship

ACREDITATION OF THE EXISTENCE AND LEGAL PERSONALITY OF THE APPLICANT ADMINISTRATORS

3.1.

To accredit existence and legal personality, Applicant Administrators, through a representative, must present a letter preferably on the letterhead of the Applicant Administrator, in which the grantor declares, under oath, that the data recorded are true, have been duly verified, and that they have sufficient authority to sign the corresponding proposals and commit on behalf of the Applicant Administrator. In said writing, the following data shall be recorded:

Of the Applicant Administrator: Federal Taxpayer Registry Key; name and address, as well as, if applicable, of its attorney or representative; the description of the social object of the administrator; number and date of the public deed in which the Constitutive Act is recorded and, if applicable, its reforms or modifications, indicating the name, number and jurisdiction of the public notary who protocolized them; as well as date and data of its registration in the Public Registry of Commerce, and list of the names of the partners that appear in these; the foregoing, in accordance with what is provided in articles 20, 21, 23 and 24, of the Law of the Retirement Savings Systems, and

Of the representative or legal attorney of the Applicant Administrator: Number and date of the public deed in which the faculties to sign the proposal were granted, indicating the name, number and jurisdiction of the public notary who protocolized them.

3.1.1

Likewise, in accordance with the aforementioned numeral, whoever attends on behalf of the Applicant Administrator to the act of delivery and receipt of the Technical Proposal, must present a simple power of attorney to participate in said act, as well as a copy of their valid official identification, which includes signature and photograph. In case of not presenting it, the lack of identification or accreditation of the representation of the person who only delivers the proposals will not be a cause for disqualification; they may only participate during the development of the act as an observer.

3.1.2

OF THE CAPACITY TO PROVIDE THE SERVICES

3.2.

Declaration, on the letterhead of the Applicant Administrator and with the signature of the representative or legal attorney, in which the capacity to carry out the recording and control of the resources of the Individual Accounts that it receives as a Service Provider is indicated, in which the grantor declares, under oath, that the data recorded are true, and have been duly verified in accordance with what is established in numeral 3.2.

3.2

PROVEN CAPACITY IN THE ADMINISTRATION OF INDIVIDUAL ACCOUNTS

3.3.

General program of operation and functioning of the Service Provider according to what is indicated in numeral 3.3.1, and the Policies and Procedures required that must be integrated into the Manual of Policies and Procedures, in case the Applicant Administrator is the winner, in accordance with numeral 3.3.1.

3.3.1

FINANCIAL SOLVENCY

3.4.

Analysis approved by the Board of Directors or equivalent body, presented on the letterhead of the Applicant Administrator, with which it is demonstrated that the Administrator has sufficient financial capacity to guarantee the fulfillment of the functions required to operate as a Service Provider, in accordance with what is established in numeral 3.4.1.

3.4.1

Proforma projection of the balance sheet, income statements and main items of the cash flow for the years 2018 and 2020, in accordance with what is established in numeral 3.4.2.

3.4.2

Feasibility study of the business focused on the performance of the Service Provider, definition of the business and objectives, as well as the respective market analysis, in accordance with what is established in numerales 3.4.3.1 and 3.4.3.2.

3.4.3

QUALITY AND SERVICE LEVELS

3.5.

Technical summary in which the schematic detail under which they propose to operate the processes is contained, as well as the conceptual and operational policies, presented on the letterhead of the Applicant Administrator, in which the grantor declares, under oath, that the data recorded are true, and have been duly verified in accordance with what is established in numeral 3.5.1.

3.5.1

LETTERS

They must be presented each one separately, preferably on the letterhead of the Applicant Administrator, signed by the representative or legal attorney and in which they declare under oath:

3.6.

Their intention to act as a Service Provider.

3.6.1

Acceptance, conformity and submission to the Call for Proposals, Technical Annex and other administrative provisions.

3.6.2

That they will abstain from adopting conduct so that public servants of the Commission induce or alter the evaluations of the proposals, the result of the procedure or other aspects that grant more advantageous conditions in relation to the other Applicants.

3.6.3

Compliance with the Federal Law of Economic Competition, in the sense that it will not carry out absolute monopolistic practices before or during the process, nor will it cooperate, collaborate, discuss or reveal in any way its positions and strategies, with other Applicant Administrators.

3.6.4

That it commits to not disclose or use any information to which it has access for the execution of the services subject of this Call for Proposals and to keep absolute confidentiality.

3.6.5

That it obligates itself before the Commission to respond for the quality of the services provided, as well as for any other liability it may have incurred, in the terms indicated in the respective award, in the Federal Civil Code and in the Federal Code of Civil Procedures.

3.6.6

That in case of being the winner, it guarantees that the provision of services will be carried out with strict adherence to what is requested in the Call for Proposals, Technical Annex and modifications derived from the Clarification Meeting, during the validity of the provision of the service.

3.6.7

That in case of being the winner, it recognizes that it is the only responsible for the labor relationship with the personnel who intervene in the services subject of this Call for Proposals, expressly recognizing that there is no subordination or labor relationship, or of any other nature, between the Commission and the personnel who perform the services. Likewise, that the winning Administrator is the only one obligated to the payment of salaries and other labor benefits, worker-employer contributions to the IMSS, contributions to INFONAVIT and SAR, retention and payment of taxes that accrue or are derived from the personnel who intervene in the provision of the services, being equally responsible in case that said personnel suffers any illness or work accident and, if applicable, for any claim of a labor or social security nature, releasing the Commission from any present and future responsibility.

3.6.8

4.2. List of documents to be presented in the Economic Proposal

COMMISSIONS

Present a letter on letterhead where they indicate their commission proposal in terms of the Call for Proposals and this Technical Annex.

3.7

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