Decree Reforming Various Provisions of the Regulation of the Law of Acquisitions, Leases and Services of the Public Sector

Official Gazette of the Federation: 24/02/2023

DECREE reforming various provisions of the Regulation of the Law of Acquisitions, Leases and Services of the Public Sector

In the margin a seal with the National Shield, stating: United Mexican States.- Presidency of the Republic.

ANDRÉS MANUEL LÓPEZ OBRADOR,

President of the United Mexican States, in exercise of the

power conferred upon me by Article 89, Section I, of the Political Constitution of the United Mexican

States, and based on Articles 31 and 37 of the Organic Law of the Federal Public Administration

and 17, 29 and 41, Section XX, of the Law of Acquisitions, Leases and Services of the Public Sector, I

have deemed fit to issue the following

DECREE REFORMING VARIOUS PROVISIONS OF THE REGULATION OF THE

LAW OF ACQUISITIONS, LEASES AND SERVICES OF THE PUBLIC SECTOR

SOLE ARTICLE. Articles 14, paragraphs fourth, sections II, subsection c), and III, and

seventh; 14 Ter, paragraph first, section III, and 39, paragraph first, section VI, subsection j), of the Regulation of the

Law of Acquisitions, Leases and Services of the Public Sector, are REFORMED, to read as follows:

Article 14.-

...

...

...

...

I. ...

II. ...

a) and b) ...

c)

The prices from which suppliers may not offer prices higher than those of

said investigation, and

III.

Determine the volume of goods or services required, so that each framework contract promotes

the obtaining of economies of scale.

IV. and V. ...

...

...

During the term of the framework contracts, new possible suppliers may adhere, within the

timeframes established by the Secretariat and provided they accredit the requirements, the characteristics, the

technical specifications and other conditions provided for in said contracts and in their annexes.

...

...

...

...

...

Article 14 Ter.-

...

I. and II. ...

III.

For the formalization of the specific contract, it must be verified that the selected supplier is up

to date in the compliance of its tax obligations, for which it must have the opinion of

compliance of the same, in accordance with the applicable legal provisions. No contract may be

formalized if said opinions are not presented;

IV. to VI. ...

Article 39.-

...

I. to V. ...

VI.

...

a) to i)

...

j)

For the case of the bidder that is awarded, the opinions of compliance with tax obligations

in accordance with the applicable legal provisions, which shall be necessary

to carry out the formalization of the corresponding contract, so that if they are not presented

no contract may be formalized.

VII. and VIII. ...

...

...

TRANSITORY PROVISIONS

FIRST.

This decree shall enter into force on the day following its publication in the Official Gazette

of

the Federation.

SECOND.

Those administrative provisions that oppose this decree are repealed.

THIRD. In procurement procedures initiated prior to the entry into force of the

present decree, the dependencies and entities of the Federal Public Administration must modify their

calls for bids, provided they are within the seven natural days prior to the act of presentation and

opening of proposals, in order to establish that the opinions of compliance with tax obligations

are a mandatory requirement for the signing of the contract, and not for participating in the act of presentation and

opening of proposals.

Given at the Residence of the Federal Executive Power, in Mexico City on 22 February 2023.-

Andrés Manuel López Obrador .- Signature.- The Secretary of Finance and Public Credit , Rogelio Eduardo

Ramírez de la O .- Signature.- The Secretary of Public Function , Roberto Salcedo Aquino .- Signature.

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