Typically, there are three different procurement procedures, namely: (i) public bid (generally applied), (ii) restricted invitation to at least three participants, and (iii) direct award. Items (ii) and (iii) are exceptions to the tender requirement. As set forth above, the general rule is that contracts or orders should be awarded through a public tender procedure. All tender processes are publicly conducted and can be followed in the internet since their information and status is available at the government’s procurement web platform known as CompraNet, which can be followed by any interested party.

However, under the Hydrocarbons Law, the only procurement procedure allowed to award hydrocarbons exploration and extraction contracts is the public bid. Also, pursuant to the Electric Law, the award of coverage agreements to be entered with the CFE as basic service supplier is through an auction procedure conducted by CENACE. These processes conducted by the CNH and the CENACE are publicly available in their internet pages and can be followed by anyone.

Finally, regarding port, highway, railroad and airport concessions, they can only be granted through a tender process.

CompraNet is an electronic system developed by the SFP with the objective of establishing an adequate process of contracting services, goods, leases and public works by the agencies and entities of the federal public administration with the principles of simplicity, transparency and modernization. Through internet and data networks, this system automates all the stages of the contracting process that are accessed by the calling entities and suppliers or contractors.

At the federal level, there has been a progress in terms of electronic procedures as the government increases the use of electronic means to conduct tender processes and award contracts, avoiding personal interaction and corruption. 

In addition, the Hydrocarbons Law allows the proposals to be submitted and analyzed through electronic media, under the terms provided in its Regulations. Moreover, the PEMEX Law and CFE Law allow the proposals for acquisitions, leases and services procurement bids to be submitted and analyzed through electronic means, in the terms approved by the PEMEX and CFE Board of Directors. Finally, within the auctions called by CENACE for the award of coverage contracts to be executed with CFE, the submission of the pre-qualification documents as well as the technical and economical proposals is made through an Electronic Platform known as “Sitio” same which may be accessed through the CENACE website.

At the federal level, the calls for tender are published in:

• the Official Federal Gazette (www.dof.gob.mx);
• CompraNet (www.compranet.funcionpublica.gob.mx); and
• Newspapers of national circulation as well as local newspapers where the projects will be developed.

For instance, the calls for tenders and the contract notices corresponding to the energy agencies (i.e. CNH, CFE, PEMEX, CENACE, CENAGAS) are published in the Official Federal Gazette and also in the corresponding agency webpages: http://www.gob.mx/cnh/, http://www.cfe.gob.mx/paginas/Home.aspx, http://www.pemex.com/en/Paginas/default.aspx, http://www.cenace.gob.mx/, https://www.gob.mx/cenagas.

Yes. For example, at the federal level, the Procurement Laws set forth the scenarios under which certain prospective bidders are to be excluded from participating (e.g., when a bidder has been banned by the SFP from participating in procurement procedures, in which case all governmental entities should refrain from contracting with such third party). Also, competition (antitrust) issues may impede a party from participating as a prospective bidder or as a party to a consortium.

For instance, the Works Law and the Acquisitions Law set forth various scenarios in which agencies will refrain from receiving proposals from potential bidders or interested parties, including when companies have a personal relation with the officer calling the bid, among others.

In addition, the Hydrocarbons Law provides that CNH shall abstain from considering bids or entering into hydrocarbons exploration and extraction contracts with those which: (i) are debarred or prevented by a competent authority from contracting with federal authorities, in terms of the applicable legal provisions, (ii) have severe breaches pending to be cured regarding hydrocarbons exploration and extraction contracts awarded before, (iii) use third parties to circumvent the above mentioned provisions, and (iv) provide false or incomplete information. For this last case, the CNH shall warn the interested parties for one time, so that they cure such failure within the term set forth for such purpose. Similar provisions are applicable under the PEMEX Law and CFE Law, respectively.