On April 16, 2025, the “Decree issuing the Law on Acquisitions, Leases and Services of the Public Sector and amending, adding to and repealing various provisions of the Federal Republican Austerity Law; the Social and Solidarity Economy Law; and the General Law of Cooperative Societies” (the “New LAASSP”) was published in the Official Gazette of the Federation.
The New LAASSP seeks to modernize and streamline public procurement processes by incorporating new mechanisms, procedures and contracting platforms. Below are the most relevant aspects of the New LAASSP: 1. Modifications and new mechanisms for procurement procedures. The New LAASSP introduces modifications and new mechanisms in procurement procedures to strengthen the planning and execution of public acquisitions, optimize resources, encourage the participation of strategic sectors and expedite procedures. • Consolidated Purchases: A Strategic Procurement Committee (the “Committee”) is created, which will approve annually which goods and services will be acquired under this modality, seeking efficiency and savings in procurement procedures. • Framework Agreements: The framework agreement mechanism is introduced —which replaces the framework contract mechanism—, to be managed through the Digital Store or Electronic Catalogs, allowing immediate and centralized acquisitions. • Subsequent discount offers: Previously only contemplated for public tenders, the subsequent discount offer will allow participants to improve their economic quotes without altering technical specifications, also in direct award procedures and invitations to at least three persons. • Interaction Prior to Contracting: Agencies may hold strategic dialogues with potential suppliers before the start of the formal contracting process, in order to negotiate with private parties terms and conditions such as the description of goods, delivery conditions, prices, etc. • Quoter: The figure of the “quoter” is introduced, representing the individual or legal entity that formally submits a quote and ratifies its interest in participating within the contracting procedure. • New price evaluation criterion: It is established that a price will be considered “not acceptable” in a proposal when it exceeds the authorized budget or is 10% above the market average. 2. Digital Transformation: New Digital Procurement Platform and Digital Store of the Federal Government. The Public Procurement Digital Platform (the “Platform”) is created, replacing CompraNet as the only authorized system for all stages of the contracting process: planning, budgeting, award and administration. The Anti-Corruption and Good Governance Secretariat (the “Secretariat”) will regulate its operation. Likewise, the Digital Store of the Federal Government is created, which will serve as the platform through which acquisitions of goods or services will be carried out in a more agile and expedited manner through supply/service orders. Previously, it was only limited to 10% of the average market value. 3. New special public procurement procedures. The New LAASSP also incorporates new procedures to address specific public procurement needs in highly complex projects, urgent situations, or strategic purchases, seeking greater flexibility and efficiency in public spending. • Competitive dialogue: The competitive dialogue is a special contracting procedure authorized by the Committee, applicable only to work requiring high specialization in specific sectors or areas of knowledge. This mechanism may be used in the following cases: - When, in order to satisfy the needs of the requesting area, it is essential to carry out prior design work or adaptation of goods or services available in the market. - The provision of the service or acquisition of goods involves innovative projects or solutions. - It is not possible to precisely define the technical specifications of the project due to its complexity. This mechanism seeks to resolve complex technical requirements, technological innovations and specific circumstances, without the need for a public tender or prior market research. • Direct award with negotiation strategy: this is an exceptional procedure that the Secretariat may authorize when, for reasons of urgency arising from unforeseeable events, it is not feasible to carry out a public tender or an invitation to at least three persons. The Secretariat may authorize that the contracting be carried out through this procedure when: - The agency or entity justifies to the Secretariat that the contracting is urgent due to unforeseeable events. - It is necessary to resolve matters that do not allow for delay because there is a risk of causing serious damage or harm to the State. - It is not possible to receive the goods, leases or services in time through the public tender or invitation to at least three persons procedures. Under this scheme, the contracting must be carried out by the Ministry of Finance as the agency in charge of consolidated procurement, with prior authorization from the Committee and with the participation of the Secretariat. • Assignment of a specific contract derived from the execution of a framework agreement: The rules and characteristics of this procedure will be established in the Regulations of the New LAASSP to be issued for such purpose. 4. Transitory provisions • The Law on Acquisitions, Leases and Services of the Public Sector, published in the Official Gazette of the Federation on January 4, 2000, and its subsequent amendments, is repealed. • The Federal Executive must make the necessary amendments to the Regulations of the Law on Acquisitions, Leases and Services of the Public Sector within a period of no more than 90 business days, counted from April 17, 2025. • Contracting procedures that are underway on the date of entry into force of this Decree will continue to be processed until their conclusion in accordance with the provisions in force at the time of their commencement. At Von Wobeser y Sierra we are at your service to help you understand the impact and implications arising from the provisions of the New LAASSP. Should you require additional information, please do not hesitate to contact our partners who are experts on the matter: For additional information, contact: Edmond Grieger, Partner: +52 (55) 5258-1007 | egrieger@vwys.com.mx Ariel Garfio, Partner: +52 (55) 5258-1008 | agarfio@vwys.com.mx
