Mexico: Law of Public Works and Related Services, is reformed, including the creation of a new public procurement platform

On April 16, 2025, the Federal Official Gazette published the decree by which several provisions of the Law of Public Works and Related Services, known as the Public Works Law, are amended, added and repealed. Such decree became effective the day after its publication.

The most relevant amendments are listed below:

• Digital platform for public procurement: A new digital platform for public procurement is created to replace CompraNet. Its objective is to modernize and automate the contracting cycle. It integrates all documents and procedures and allows the electronic signature of contracts.
• New procedures and mechanisms:
  • Strategic dialogues: This new figure is introduced in order to ensure that there is prior interaction between authorities and potential bidders for technical and economic feedback.
  • Market research: Becomes a legal obligation prior to any contracting procedure.
  • Subsequent discount offers: The possibility of holding reverse auctions to improve the price offered without altering the technical specifications is established.
  • Evaluation with points and percentages: This method is favored, giving advantages to companies with integrity policies.
• Efficiency in contracting: Reduction of key deadlines:
  • Comments on calls for bids: from 10 to 5 working days.
  • Submission of proposals: from 15 to 10 calendar days.
  • Decision: from 30 to 20 calendar days.
• Awarding and formalization of contracts:
  • Contracts must be signed electronically via the Platform.
  • If the winning bidder does not sign, the contract will be awarded to the second place bidder, if the price difference does not exceed 10%.
  • No more than 49% of the contract may be subcontracted, nor may it be subcontracted to participants in the same procedure.
• Work contracts:
  • It establishes the obligation to keep an electronic logbook, which will be managed by the Ministry of Anticorruption and Good Governance.
  • Estimates in lump sum contracts may be formulated at the end of the work or main activities, with no fixed periodicity.
  • The concept of updating factor for unit price contracts is incorporated.
  • The indirect cost adjustment threshold is modified from 25% to 50%.
• Direct award assumptions:
  • New assumptions for direct award are added (e.g., extraordinary works).
  • The direct award ceiling is reduced from 30% to 20% of the authorized budget.
• Financed public works: The financed public works scheme is eliminated, in line with the objective of not deferring payments beyond 20 days after the estimate.
• Means of defense and complaints: Specific rules are established for the filing and processing of complaints:
  • They will only be valid if the bidder actively participated in the clarification meeting.
  • They may be submitted electronically or in physical format.
  • The electronic notifications take effect the same day, generating uncertainty about non-business hours.
  • Resolutions must be issued 15 days after the closing of the investigation (a term that does not have a deadline to begin).
  • Possibility of informal intervention by the Anti-Corruption and Good Governance Secretariat to declare nullity of illegal procedures is included.