The public procurement represents in Mexico the exercise of more than 25% of the federal government budget and a similar proportion in the states. In fact, the Government stands as the largest buyer in Mexico, and, as so, an important motor of the economy of our country.

This dynamic approach brings about a very complex situation in all the stages of these contracts, which have required a constant update of the laws that govern such activities, as well as the incorporation and development of specific legal figures and institutions that require a bigger specialization for its correct interpretation and application.

Additionally, this complex reality has created the necessity to have an own system of impugnation that also requires greater specialization.

Therefore, the members of the law firm have wide professional practice in this area including aspects of consulting and lawsuit in federal and state levels.

In this context, we advise in matter of public procurement to our clients through all the stages that form the acquisition procedures and public procurement, as towel as of privatization, also representing them in the interposition of necessary defenses with motive of such contracting procedures as well as in the execution of those contracts entered into as consequence of those, all this in Federal and State levels.

The advice granted in these areas does not only include the participants and bidders in these procedures, it also includes entities of the three levels of government, in their capacity of contractors in the procedure.

In the same manner, we provide advice and defense to our clients in related issues with such contracting procedures, such as the administrative sanctions imposition procedures-including disqualification- with motive of the non-performance of the laws in matter of acquisitions, leases and public sector services as well as public works and related services with the same.

Among others, some of the specific aspects in which we grant advice to our clients in these subjects are the following:

• Analysis of competitive bidding terms and conditions and other procedures of contracting and determination of the steps to follow and the requirements to fulfill in order to participate in the same;
• Integration, in conjunction with the responsible technical and financial areas, documentation, proposals and positions to be filed in contracting procedures;
• Advice during all the process of engagement, including the assistance in the acts of the same, such as doubts clarification meetings , opening of proposals and decisions, among others;
• Advice in the draft, interpretation and application of administrative contracts and the execution of the same including rescission procedures and defense against those acts including federal litigations;
• Advice to public entities in the resolution of administrative procedures and defense, also the defense of such entities in the clearance of procedures and defense initiated by the bidders or contractors;
• Promotion and defense of remedies, such as reconsiderations, administrative law appeals, contentious administrative proceedings and extraordinary defense measures, such as writ of amparo against acts in the mentioned procedures; and,
• Filing of defense remedies against sanctions, such as disqualifications in the application of the laws of the subject, in a Federal and State level.
  

EXPERIENCE IN PUBLIC PROCUREMENT

The law firm has participated in several procedures of public contracting in the three levels of government.

Likewise, its partners have been exponents and instructors in several forums regarding the amendments in 2009 to the Acquisitions, Leases and Public Sector Services Law.

In procurement of health products, the law firm has intervened in the most important international competitive bids convened by the Mexican Social Security Institute and the Safety and Social Services of Workers of the State Institute under new modalities provided in our current legislation as subrogation, multiannual competitive bids, subsequent discount offers and “boilerplate” agreements. Among them are the recent acquisitions of serums and injectable solutions, peritoneal dialysis and subrogate hemodialysis.

In acquisitions of several assets, the law firm has participated in the most important competitive bids for the execution of new models of agreements known as “PPS” or public-private partnership contracts to provide long-term services.

In energy matter, the law firm was hired to give advice in constitutional matter and public procurement in strategic areas (or “oil industry”) regarding the draft of new amendments provided in the Pemex Law and its regulation, the Regulatory Law of Article 27 of the Constitution in the branch of Oil and in the administrative dispositions of contracting of Pemex, participating in the drafting of the same.