Operational Manual for Legal Instruments Formalization Module in CompraNet under Law on Acquisitions, Leases and Services of Public Sector and Law on Public Works and Services Related Thereto — SHCP — MX

Official Gazette of the Federation: 21/07/2023

OPERATIONAL MANUAL for the use in CompraNet, of the Legal Instruments Formalization Module, derived from contracting procedures under the Law on Acquisitions, Leases and Services of the Public Sector and the Law on Public Works and Services Related Thereto.

In the margin, a seal with the National Shield, reading: United Mexican States.- FINANCE.- Secretariat of Finance and Public Credit.- Chief Administrative Office.

Thalía Concepción Lagunas Aragón, Chief Administrative Officer of the Secretariat of Finance and Public Credit, based on articles 4, section F and 37, sections XXV and XXXVIII of the Internal Regulations of the Secretariat of Finance and Public Credit (RISHCP), First and Ninth Transitional Articles of the Decree reforming, adding and repealing various provisions of the Organic Law of the Federal Public Administration (DECREE), published on May 3, 2023 in the Official Gazette of the Federation (DOF), in relation to articles 2, section II, 45, last paragraph, 46 and 56, second paragraph, of the Law on Acquisitions, Leases and Services of the Public Sector; 44, second paragraph, 81, section I, and second paragraph, 82, first paragraph, and 84, of the Regulations of the Law on Acquisitions, Leases and Services of the Public Sector; 2, section II, 46, penultimate paragraph, 74, second paragraph, of the Law on Public Works and Services Related Thereto; 47, second paragraph, 79, penultimate paragraph, 80, first paragraph; 81, of the Regulations of the Law on Public Works and Services Related Thereto; as well as in the Agreement establishing the provisions to be observed for the use of the Governmental Public Information Electronic System called CompraNet, published in the DOF on June 28, 2011, and the Agreement incorporating as a Module of CompraNet the application called "Legal Instruments Formalization", published in the DOF, on September 18, 2020, and:

WHEREAS

That in accordance with articles 4, section F and 37, sections XXV and XXXVIII, of the RISHCP, First and Ninth Transitional Articles of the DECREE, it corresponds to this Chief Administrative Office to establish and conduct the general policy on public contracting, issue and interpret the norms, guidelines, manuals, procedures and other analogous instruments required in the matter; as well as promote the standardization of policies, norms and criteria in said matter, including the design and operation of the governmental public information electronic system on acquisitions, leases, services, public works and services related thereto, called CompraNet, thereby promoting the best contracting conditions in accordance with the principles of Constitutional article 134;

That in terms of what is provided in the respective articles 2, section II, of the Law on Acquisitions, Leases and Services of the Public Sector (LAASSP) and of the Law on Public Works and Services Related Thereto (LOPSRM), the governmental public information electronic system called CompraNet, constitutes the means through which contracting procedures must be developed;

That by Agreement dated September 9, 2020, published in the DOF on the 18th of the same month and year, the application called "Legal Instruments Formalization" was incorporated as a Module of CompraNet, through which dependencies and entities must electronically formalize the legal instruments derived from the various contracting procedures provided for in the LAASSP and the LOPSRM, ordering in its eighth article the issuance of the Operational Manual of said Module;

That in compliance with the above, on January 20, 2021, the Operational Manual was issued containing the guidelines to be observed for the use of the Legal Instruments Formalization Module, in contracts derived from contracting procedures under the LAASSP and LOPSRM, and

That on June 2, 2022, the Decrees adding and reforming various provisions to the Regulations of the Law on Acquisitions, Leases and Services of the Public Sector, as well as to the Regulations of the Law on Public Works and Services Related Thereto, were published in the DOF, said modifications establish that dependencies and entities shall observe the contract and agreement models published in CompraNet and provide that for their formalization, it is not required that they be previously reviewed or validated by their legal areas. Additionally, they indicate that any modification to said models will be published in CompraNet, which makes it necessary to issue a new Operational Manual, that responds to the cited reforms, so I have seen fit to issue the following:

Operational Manual for the use in CompraNet, of the Legal Instruments Formalization Module, derived from contracting procedures under the Law on Acquisitions, Leases and Services of the Public Sector and the Law on Public Works and Services Related Thereto.

The purpose of this Manual is to establish the technical requirements, the access, accreditation and use mechanisms, as well as the manner in which the operation of the Legal Instruments Formalization Module in CompraNet will be carried out.
This Manual is mandatory for the public entities referred to in articles 1, sections I to VI, of the Law on Acquisitions, Leases and Services of the Public Sector, and 1, sections I, II, IV to VI, of the Law on Public Works and Services Related Thereto, and for Providers and Contractors, to electronically subscribe the legal instruments derived from public contracting procedures.
The contract and agreement models that are published in the Legal Instruments Formalization Module of CompraNet, shall be those approved by the Secretariat of Finance and Public Credit.
For the purposes of this Manual, in addition to the definitions established in articles 2 of the Law on Acquisitions, Leases and Services of the Public Sector, and 2 of the Law on Public Works and Services Related Thereto, and their respective Regulations, the Administrative Manual of General Application on Acquisitions, Leases and Services of the Public Sector and the Administrative Manual of General Application on Public Works and Services Related Thereto, it shall be understood by:

I. CONTRACT ADMINISTRATOR: the public servant person responsible for monitoring and verifying compliance with the obligations of the Provider established in the contract, as well as determining the application and calculation of conventional and deductible penalties and, where applicable, requesting the competent area, the rescission of the contract, providing the conducive elements.

II. LAASSP: Law on Acquisitions, Leases and Services of the Public Sector

III. LOPSRM: Law on Public Works and Services Related Thereto.

IV. MODULE: Legal Instruments Formalization Module.

V. SECRETARIAT: Secretariat of Finance and Public Credit.

VI. TUAF: to the Head of the Administration and Finance Unit of the dependencies or entities, or their equivalents in the decentralized administrative bodies.

The actions to be performed that are described in this Manual, shall be executed in CompraNet in the Legal Instruments Formalization Module on acquisitions, leases and services, and public works and services related thereto, in accordance with the specific Guides that the Chief Administrative Office of the Secretariat issues for such effect.

On technical requirements

The Module operates in a Web environment (computer network), so the technological requirements for its use are:

a) Computer with microprocessor with x86 architecture over x64 of seventh generation or equivalent, with a capacity of 4 GB (gigabytes) of memory in RAM (random access memory) and 40 GB (gigabytes) of free memory on hard drive;

b) Updated versions of Google Chrome or Mozilla Firefox browser, and

c) Internet connection with a bandwidth of 120 mbps (megabytes per second) dedicated for a consumption of up to five teams connected to CompraNet.

The unalterability and conservation of the information contained or sent through the Module, is guaranteed by the use of security protocols aligned to international standards. All users of the Module must observe the security measures that guarantee that the electronic documents they incorporate into it are free of computer viruses.

On registration and authorization of Module Users

The Chief Administrative Office of the Secretariat in exercise of its attributes, through the empowered public servants, will register the users and keep control of the passwords for access and use of the Module, which must have their valid Advanced Electronic Signature issued by the Tax Administration Service (SAT), in the case of Mexicans and in the case of foreigners with the Electronic Signature obtained through CompraNet.
The users of the Module will have the following functions:

I. Contract Administrator: Subscribe the legal instrument with that character;

II. Signatory: Public servant or servants with sufficient powers for the subscription of the legal instrument;

III. Operator of the Contracting Unit. Responsible for:

a) Uploading the relevant data of the contract.

b) Downloading the contract model.

c) Converting the file to PDF format.

d) Uploading the contract with its annexes to the Module, for its validation by the Contract Administrator, the Contracting Unit and, where applicable, attending to the observations made by them.

IV. Contracting Unit. Its activities are the following:

a) Download the legal instrument models.

b) Validate the information uploaded by its operator.

c) Request the operator to attend to the observations made.

d) Establish the times for the signing of the contract by the participants, within the legal period for its formalization.

e) Subscribe legal instruments.

f) Validate the performance guarantee.

g) Indicate if the legal instrument, if applicable, will no longer be formalized, expressing the reason and basis for this, and

h) Notify the Provider or Contractor so that they electronically sign the contract.

V. PROVIDER: Individual or legal entity with which some dependency or entity of the Federal Public Administration, celebrates the legal instruments for the acquisition or lease of goods, or else, the contracting of services, under the LAASSP, who must electronically sign the legal instruments of the awards in their favor, perform the downloads of the same, as well as of their acknowledgments of receipt.

VI. CONTRACTOR: Individual or legal entity with which some dependency or entity of the Federal Public Administration, celebrates the legal instruments on public works or services related thereto, under the LOPSRM, who must electronically sign the legal instruments of the awards in their favor, perform the downloads of the same, as well as of their acknowledgments of receipt.

To obtain the registration and authorization of the Users provided for in sections I, II and III, of numeral 9, the Contracting Unit must request their registration in the Module, and for the User of section IV, of the same numeral, the TUAF will formulate said request. The registration process will be carried out in accordance with what is described in the Guide that for such effect the Chief Administrative Office of the Secretariat issues, and the following must be available:

a) Name

b) Federal Taxpayer Registry

c) Position

d) Address of the user's office within the dependency or entity to which they are assigned

e) Branch

f) Responsible Unit of assignment

g) Dependency, entity or decentralized administrative body, and

h) Institutional email of each User.

To process the deregistration of the Users provided for in sections I, II and III, of numeral 9, the Contracting Unit must request it in the Module, and for the User of section IV, of the same numeral, the TUAF will formulate said request. Those responsible for the deregistration request, must present it with at least ten natural days in advance to the date on which the User will cease to perform operations in the Module.

On registration of Providers and Contractors for the use of the Module.

Providers and Contractors for the formalization of legal instruments in the module, must register in CompraNet.
Individuals and legal entities of Mexican nationality, for their registration in CompraNet and use of the module, in their capacity as Provider or Contractor, must have their valid Advanced Electronic Signature issued by the Tax Administration Service.
Individuals and legal entities of foreign nationality, for their registration in CompraNet and use of the module, in their capacity as Provider or Contractor, must obtain their Electronic Signature through CompraNet.
If the Provider or Contractor is already registered in CompraNet, a new registration will not be necessary, they must only verify that all their information is updated.

On the generation of legal instruments.

To generate a legal instrument derived from a contracting procedure, it will be necessary to have the file number, the code granted by CompraNet, and the contract number assigned in the award or in the adjudication letter.
The Contracting Unit, or its Operator, must select the type of legal instrument that will be downloaded from the Module, in accordance with the contract model established in its call for bids, invitation or quotation request letter.
The Contracting Unit must incorporate into the contract model, the data, particularities, specifications and characteristics proper for the fulfillment of its purpose.
The contract will be uploaded to the Module in PDF file, with its annexes, which will be validated by the Contract Administrator and the Contracting Unit. If there are observations they will be communicated to the Operating Unit, so that it removes it from the Module, proceeds to its correction and again uploads it to the Module for validation.

On the subscription of legal instruments

Validated the legal instrument and its annexes, it must be electronically signed by the public servants with the Users of: Contracting Unit, the or the Signatories, and the Contract Administrator.
Once the electronic signatures of the public servants participating in the formalization of the legal instrument are collected, the signing by the Provider or Contractor will proceed, within the period established in the LAASSP or the LOPSRM.
In case the Provider or Contractor does not sign the legal instrument for causes attributable to themselves, or the dependency or entity does not sign the contract, it must proceed in the terms indicated in articles 46 of the LAASSP and 47 of the LOPSRM, as applicable.
For the formalization of legal instruments under the LOPSRM, it will be necessary that the Contractor has delivered to the Contracting Unit, the performance guarantee, except as provided in the second paragraph of article 48 of the cited Law.
In the case of joint proposals, in which the Providers or Contractors have constituted a company or a new company, the legal instrument must be signed by its legal representative.
When it comes to joint proposals, in which the Providers or Contractors have not constituted a company or a new company, the legal instrument must be signed by each of the participating persons or their legal representatives, as applicable.
The Public Contracting Policy Unit will be in charge of the operation of the Module.
The Normativity Unit and the Public Contracting Policy Unit, will be the instances empowered to interpret this Manual, as well as to resolve issues not provided for in it, within the scope of their respective competencies.

TRANSITIONAL ARTICLES

FIRST. - This Manual will enter into force on the day following its publication in the Official Gazette of the Federation.

SECOND. - The contracts and modificatory agreements that are in the process of formalization in the Module, on the date of publication of this Manual, will be concluded in accordance with the Manual dated January 20, 2021.

Mexico City, on the eleventh day of the month of July of two thousand twenty-three. - The Chief Administrative Officer, Thalía Concepción Lagunas Aragón.- Signature.

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