On November 28, 2014, the National Commission of Hydrocarbons (Comisión Nacional de Hidrocarburos), published, in the Official Gazette of the Federation (the Diario Oficial de la Federación), its Resolution CNH.11.001, which provides for the administrative provisions regarding public bids for oil exploration and extraction contracts (the "Resolution").
The referred Resolution responds to the need to provide legal certainty to those who are interested in participating in public bid processes for the award of the so called Oil Exploration and Extraction Contracts (Contratos para la Exploración y Extracción), as such are defined in the Oil and Gas Law (Ley de Hidrocarburos), as well as for the execution of said contracts. The main purpose of this Resolution is to establish and regulate the corresponding actions that the authorities must undertake throughout these governmental procurement processes and the stages that such processes shall entail, in accordance with the Oil and Gas Law, the Oil and Gas Revenue Law (Ley de Ingresos sobre Hidrocarburos), their regulations, and the Energy Regulatory Bodies Law (Ley de los Órganos Reguladores Coordinados en Materia Energética).
Among the most relevant aspects provided for in said Resolution are the following: (i) the main principles which shall govern these public bid processes; (ii) the functions of the Public Bids Committee (Comité Licitatorio), as defined in the Resolution; (iii) the specific provisions regarding public bid processes for Oil Exploration and Extraction Contracts; and (iv) the general principles applicable to the governmental duties that shall apply in order to participate in the referred public bid processes.
It is noteworthy that, according to the Oil and Gas Law, the award of Oil Exploration and Extraction Contracts shall be governed by the provisions of such law and neither the Law on Public Works, the Law on Procurement, Leases, and Services shall apply.
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