Rules on the specifications will be contemplated in the relevant tender documents. Normally, tender rules will set forth all required specifications and will also include reference to all technical regulations and Mexican or international standards that a bidder must comply with.
There are general principles or provisions contained in the Procurement Laws. For instance, the Acquisitions Law and the Works Law clearly state that all bidders must comply with the same requirements and conditions, and shall have the same access to all relevant information.
As a general rule, conditions cannot be negotiated, and the terms and conditions of the tender documents shall not limit participation, concurrence and economic competition. The agencies shall refrain from establishing requirements that limit participation, concurrence and economic competition, or that are not possible to meet.
On the other hand, the PPP Law specifies that the call and bidding process have to take into account the recommendations of the Federal Competition Commission in order to be competitive and allowing free concurrence.
Finally, but in the same line, the Procurement Provisions applicable to the public agencies awarding contracts within the Mexican energy sector provide that the tender rules shall not set forth requirements with the purpose of limiting the competition process and free concurrence.
Generally, the bidders are not allowed to change the specifications or submit their own standard terms of the business.
The Procurement Laws expressly establish that none of the conditions contained in the public call, the tender rules, the legal framework and its exhibits, nor in the proposals of the participants, will be negotiated.
Any changes that the calling agencies may make to the call or to the tender rules shall only take place: (i) as a result of the Q&A sessions, or (ii) as adjustments made by the agencies not deriving from Q&A sessions, and said changes or adjustments shall be considered by the bidders while preparing their proposals.
Finally, the Mexican procurement framework is in constant development and procurement tools such as the General Provisions in connection with the acquisitions, leases, services procurement and public works applicable to the CFE and its Subsidiary Productive Companies already contemplate negotiation phases or processes.
Yes. For instance, according to the Acquisitions Law, once the bidding proposals are evaluated, the contract may be awarded to the bidder who offers the best project in terms of technical and legal requirements and economic solvency. In case of tie, when there bidding proposals obtain the same cost-benefit score or offer the lowest price, there is a protection of small and medium national enterprises according to the Acquisitions Law.
The Works Law establishes that the Ministry of Economy will dictate the rules to be observed by public agencies in order to promote the participation of national companies, specially small and medium enterprises.