This document provides an overview of public tendering processes in Mexico. It discusses CH2M HILL, a leading engineering firm with over 30,000 employees and offices around the world. The document then outlines Mexico's regulatory framework for public tenders and describes the different types of public bids that can be issued, including national, international, and open bids. It explains the public bid procedure and requirements for proposals, assessments, and recommendations for participating in public tenders in Mexico.

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Public Tendering in Mexico
Carlo Orsenigo – Mexico Country Manager

2. About CH2M HILL

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 Founded in 1946, with our main headquarters in Denver, Colorado, U.S.A.
CH2M HILL is a leading firm for the supply of program management services,
project and engineering management.
 We have 30,000 employees, 247 permanent offices around the world and are
present in every continent.
 In 2012 our income was US$7 MM
 an employee owned company
 Some of our most challenging projects include:
 2012 London Olympic Games
Development management of all complexes and infrastructure.
 Abu Dhabi National Oil Company (ADNOC) Shah Field
Development of sour gas reserves
 Masdar City
The first entirely sustainable city, with zero waste and neutral carbon emissions
 Emirates Nuclear Energy Corporation (ENEC)
Management of the civil nuclear energy program of the United Arab Emirates for 10 years
 Management of the Panama Canal’s Extension Program
Increasing the capacity of the canal to support post-panamax vessels.
About CH2M HILL

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 With 20 years of operation in Mexico, CH2M HILL Mexico currently employs more than 450 professionals.
 Services: Engineering, Design, Consulting, Procurement, Construction Management, Project
Management and Program Management.
 Markets: Energy, Industry, Water, Environment, Infrastructure and Transportation.
About CH2M HILL Mexico

5. General Public Tendering

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Tendering is defined as the act of inviting suppliers to bid with the
purpose of supplying products or services to the Government in order for
the latter to obtain the best deal on quality and price from the contractors
or suppliers.
For explanatory purposes the Municipal or State Tenders will not be part of
this presentation.
Regulatory Framework
• Law of Public Works and Related Services (Ley de Obras Públicas y Servicios
Relacionados con las Mismas)
• Law of Acquisition, Leasing and Public Sector Services (Ley de Adquisiciones,
Arrendamientos y Servicios del Sector Público)
• PEMEX Law
• Law of Acquisitions, Alienations and leases of Real Estate (Ley de Adquisiciones,
Enajenaciones y Arrendamientos de Bienes Inmuebles)
General Public Tendering

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In assigning economic resources for contracts for purchases, leases,
services and public works, the government calls for any of the following:
I. •Public bid
II. Invitation for tenders addressed to at least three persons
III. Direct award
General Public Tendering

8. Public Bids

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I. National: Mexican bidders: the goods or services to be purchased or leased
must have been produced in the country and consist of at least fifty percent
national content.
II. International: Mexican and foreign bidders from countries with whom Mexico
has subscribed FTAs pursuant to the rules on origin established by the
treaties.
III. International & Open: both Mexican and foreign bidders may bid, regardless
of the origin of the goods to be purchased, leased or the services to be hired.
Article 28 of LAASSP and 30 of LOPSRM.
Public bids may be:
Types of Public Bids

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Prior to publication of a public competitive
bid, the offices and entities may disclose the
relevant project through compranet, for at least
ten business days. During that time they are open
to receiving pertinent comments at the electronic
address provided for that purpose. Comments
and opinions on the public competitive bid project
will be analyzed by the offices and entities so
that, if appropriate, they can be taken into
account to improve the project.
Public tendering begins with the publication of
the competitive bid and, in the case of invitation,
to at least three persons, delivery of the first
invitation; both procedures conclude with the
issuance of the decision or, if applicable,
cancellation of the corresponding procedure.
Public Bid Procedure

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Term for submittal and opening
I. The term for international bids may not be less than twenty calendar days from
the date of publication of the bid in compranet.
II. The term for national bids shall be at least fifteen calendar days from the
publication of the bid.
III. The term for international public bids may not be less than forty calendar days.
The competitive bid
THE BID WILL BE PUBLISHED THROUGH COMPRANET AND
ITS DISTRIBUTION SHALL BE FREE OF CHARGE. A
summarized version will be simultaneously sent for publication in
the official federal gazette.
Public Bid Procedure

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The summary of the bid should include:
I) Object of bid
II) Volume of acquisition
III) Bid number
IV) Dates established for contract procedure to take place
V) Date of publication in Compranet, and a copy of the contents of
the bid shall be made available to bidders.
Public Bid Procedure

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I. To have more than one year’s experience, except for duly justified cases.
II. To have previously entered into agreements with the requesting party or with any
particular office or entity.
III. Equity. Unless the requesting party deems it necessary for the bidder to evidence
economic capacity, it shall be established as a requirement that the bidder’s income
equate to up to twenty percent of the total amount of its offer.
The establishment of requirements favoring
any given bidder or bidders in the public
competitive bid shall be cause for
administrative liability. Therefore the bid may
not contain requirements restricting the free
participation of interested parties, such as:
Public Bid Procedure

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IV. To have branches or regional or state representatives, unless it becomes necessary in
order to supply the goods or provide the services under the required terms;
V. To be registered in the unique supplier register or in product or service quality registers
that have been established to facilitate the assessment of offers.
VI. That the goods to be purchased or leased be of a particular brand, except for the cases
duly justified in accordance with LAASP and its regulations.
Public Bid Procedure

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The clarification requests may be sent through Compranet or be delivered in
person, depending on the type of tender, no later than twenty-four hours prior to the
date and time indicated for the clarification meeting to take place.
The minutes of each clarification meeting shall be recorded, including the questions
asked by the interested parties and the answers of the requesting party.
Persons intending to request clarification
regarding the contents of the bid, should
file a writ expressing their interest to take
part in the bid, pro se or through a
representative, and in any case including
all the information of the interested party
and of its representative, if applicable.
Clarification Meetings

16. Proposals

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The submittal of proposals is a stage in which the interested parties who meet
the terms of the bid are allowed to submit their offers, which shall include three
requisites:
SUBJECTIVE. Attest legal capacity and the
absence of disqualifications to lawfully submit
proposals.
OBJECTIVE. Contents of the proposals grouped
in two categories: PURPOSE and PRICE.
FORMAL. To submit the proposal in writing or
through the electronic medium authorized by
S.F.P.; in Spanish and distinctively and precisely
signed and/or electronically signed; in a closed
envelope (sobre cerrado) or through Compranet.
Proposals

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For the assessment of proposals, the offices and entities shall use the criteria
described in the public bid.
In all cases bidders must verify that the proposals meet the requirements
established in the competitive bid:
 The use of a binary assessment criteria, by virtue of which the bid is
awarded only to the one meeting all the requisites set forth by the
requesting party and offering the lowest price.
 Whenever the offices and entities require goods, leasings or services that
imply a high degree of technical expertise or technology innovation, the
assessment criteria of points and percentages or cost-benefit must be
used.
Proposals Assessment

19. Final Recommendations

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 Select the niche market in which you wish to participate.
 The official language is Spanish. Documents in foreign language require official
translation.
 Taking in consideration the “National Integration Degree”.
 Evaluate the possibility and form of partnering (joint Venture, Specific Purpose
Company, etc).
 Know the regulatory frame and the Compranet system.
 Make sure that you purchase or obtain the RFP (Bidding documents), and/or enroll
in the process, as applicable. Read carefully and in detail the RFP.
 Provide all legal documentation requested in time and form, even if it seems
useless or irrelevant. (apostilled).
Final Recommendations

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Final Recommendations
 Give special attention to the references requested: comply with the form.
 Bids cannot be qualified or conditioned.
 Do not submit alternatives, unless expressly requested.
 Submit all required questions or clarifications in the Clarification Meetings: these
are the only official possibilities to clarify doubts, point out inconsistencies, etc.
 Read carefully, and take into account, the causes of disqualification.
 Verify and abide by the Bidding Schedule.
 Contracts can be commented in Q&A sessions, but eventually cannot be
negotiated.

22. Discussion