ARTICLE
30 April 2025

Unprecedented Nullification Of The Biannual Public Tender Formedicine Procurement.

O
OLIVARES

Contributor

Our mission is to provide innovative solutions and highly specialized legal advice for clients facing the most complicated legal and business challenges in Mexico. OLIVARES is continuously at the forefront of new practice areas concerning copyright, litigation, regulatory, anti-counterfeiting, plant varieties, domain names, digital rights, and internet-related matters, and the firm has been responsible for precedent-setting decisions in patents, copyrights, and trademarks. Our firm is committed to developing the strongest group of legal professionals to manage the level of complexity and interdisciplinary orientation that clients require. During the first decade of the 21st century, the team successfully led efforts to reshape IP laws and change regulatory authorizations procedures in Mexico, not only through thought leadership and lobbying efforts, but the firm has also won several landmark and precedent-setting cases at the Mexican Federal and Supreme Courts levels, including in constitutional matters.
Following up on our March newsletter No. 5, on April 8, 2025, the Ministry for AntiCorruption and Good Government declared the nullity of the entire public tender...
Mexico Government, Public Sector

Following up on our March newsletter No. 5, on April 8, 2025, the Ministry for AntiCorruption and Good Government declared the nullity of the entire public tender for
the 2025–2026 consolidated procurement of medicines, coordinated by BIRMEX,
and ordered the procedure to be restarted based on a new market investigation.

The resolution declaring nullity was based on irregularities detected by the Ministry,
mainly due to breaches of the tender terms and formal errors during the process,
including:

  • Inconsistencies in the minimum bid percentages established in the call and
    its annexes.
  • Improper fiscal and technical requirements imposed on participants.
  • Irregularities related to requirements involving exclusive rights or patents.

Additionally, the same resolution highlights that:

  • All previously issued supply orders will be honored, as well as requests for
    purchase orders.
  • The rights of awarded companies will be respected, and institutions must
    pay for all products that have been delivered and accepted.
  • In cases where no overpricing was identified, a new direct award will be
    given to the previously selected supplier.
  • In cases involving pricing irregularities, a new bidding process will be carried
    out to determine a new awardee.
  • Current contracts will be terminated early to allow for the new procedure.
    However, until such termination occurs, contracts must be fulfilled to avoid
    penalties.
  • Awards made by direct assignment were not affected by this resolution.

The decision does not identify or sanction any specific company, nor does it affect
their right to participate in future tenders. However, sanctions against government
officials or companies cannot be ruled out in the future.

Companies that consider themselves affected may challenge the resolution.
However, as this is a general measure that impacts all awarded companies equally,
legal challenges are considered unlikely to succeed.

At OLIVARES, we are closely monitoring this development and remain available to
assist our clients in preparing for the new process, evaluating whether to challenge
the resolution, and ensuring regulatory compliance in an increasingly rigorous
environment.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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