Amendment to the Acquisitions Law to accelerate purchases in the health sector
Alejandro Ripoll and Lupita Esparza
Today, an amendment to the Law of Acquisitions, Leases, and Services of the Public Sector (the “Acquisitions Law”), which was published yesterday’s afternoon in the Federal Official Gazette, entered into force.
The amendment consists in the addition of a single paragraph to said law, exempting from its application “the acquisition of goods or services related to health, contracted by public offices or entities with international intergovernmental organizations, through collaboration mechanisms previously established, provided that the principles established in the Mexican Constitution are applied”.
The amendment is made to simplify the purchase of medicine and medical equipment for the health sector in order to deal with the COVID-19 pandemic, eliminating the requirement of performing said purchase through public competitive procedures.
The brevity of the amendment makes unclear its implications as it does not define: i) how can the constitutional principles (to ensure the best available conditions regarding price, quality, financing, opportunity and other pertinent circumstances) can be applied if the mechanism devised for thar purpose is eliminated; ii) which collaboration mechanisms may be used; iii) which organizations are included; and iv) what does “previously established” mean (before the amendment? before the purchase?).
In any case, this represents an important opportunity for companies in the health sector which count with alliances or certifications before international organizations, as they may argue to be covered by these assumptions.
Our firm counts with substantial experience in all kinds of public procurement procedures, including those implemented through the Law of Acquisitions. In case of requiring additional information over these topics, or specific advice about a particular matter, please do not hesitate to contact any of the members of our team.
Alejandro Ripoll González
Lupita Esparza Sánchez
