2023-02-24 | DOF 5680696

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Decree Reforming Various Provisions of the Regulation of the Law on Public Works and Services Related Thereto

The Regulation of the Law on Public Works and Services Related Thereto is amended to require successful bidders to present tax compliance opinions for contract formalization, prohibiting any contract from being formalized without such documents. Additionally, the closure of the logbook must be recorded in a note ending the works, prepared on the same date the final estimate is authorized. Transitional provisions state the decree enters into force the day after publication and mandate federal public administration agencies to modify bidding calls for prior procedures within seven natural days before proposal opening to establish tax opinions as a requirement for contract signing rather than participation.

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Official Gazette of the Federation (DOF): 24/02/2023

DECREE reforming various provisions of the Regulation of the Law on Public Works and Services Related Thereto

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 31 and 46 of the Law on Public Works and Services Related Thereto, have deemed fit to issue the following

DECREE REFORMING VARIOUS PROVISIONS OF THE REGULATION OF THE LAW ON PUBLIC WORKS AND SERVICES RELATED THERETO

SINGLE ARTICLE. Articles 34, paragraph one, section X, and 123, paragraph two, section XIII, of the Regulation of the Law on Public Works and Services Related Thereto are REFORMED, to read as follows:

Article 34.-

...

I to IX.

...

X.

The indication that the successful bidder must present to carry out the formalization of the corresponding contract the tax compliance opinions, in accordance with the applicable legal provisions. No contract may be formalized if such opinions are not presented.

...

...

Article 123.- ...

...

I to XII. ...

XIII.

The closure of the Logbook must be recorded in a note that declares the works terminated, which must be prepared on the same date that the final estimate is authorized.

...

TRANSITIONAL 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 what is provided in this decree are repealed.

THIRD. In contracting procedures initiated prior to the entry into force of this decree, the agencies 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 submission and opening of proposals, in order to establish that tax compliance opinions are a mandatory requirement for the signing of the contract, and not for participating in the act of submission and opening of proposals.

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