Procurement Risk:
Very High
Score:
31/100
Government Policy
Q57
25/100
Does the country have legislation covering defence and security procurement with clauses specific to corruption risks, and are any items exempt from these laws?
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This indicator is not assigned a score in the GDI. The Law on Acquisitions, Leases, and Services to the Public Sector regulates the acquisitions,…
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The Law on Acquisitions, Leases and Services to the Public Sector includes superficial mentions of the risks of corruption, in this regard it states…
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The agencies and entities, under their responsibility, may contract acquisitions, leases, and services, without being subject to the public bidding procedure, through the invitation…
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Q58
63/100
Is the defence procurement cycle process, from assessment of needs, through contract implementation and sign-off, all the way to asset disposal, disclosed to the public?
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Article 17 of the Procurement Law [1] states that the Public Function Secretariat must determine what assets each dependency or entity can acquire, seeking…
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The Annual Procurement, Leasing, and Services Programme must be published on the CompraNet site no later than 31 January of each year, with the…
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In practice, there are shortcomings in the formal application of the procurement and contracting cycle, such as, for example, non-compliance with legal requirements in…
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Q59
50/100
Are defence procurement oversight mechanisms in place and are these oversight mechanisms active and transparent?
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The mechanisms for the supervision of defence acquisitions and contracts rest with the ASF (specialised technical body belonging to the Chamber of Deputies), which…
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The ASF is the audit mechanism and it can summon individuals and documents. It also does issue a report, however it should be noted…
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The ASF makes the reports of the dependency audits available to the public on its official site. “In each audit report you will find…
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The Public Sector Acquisitions, Leasing, and Services Law states that the agencies, in this case SEDENA and SEMAR, “must make them available to the…
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SEDENA and SEMAR publish their Annual Procurement, Leasing, and Services Programmes, which only mention in a general way the concept, the estimated value, quantity,…
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Defence acquisitions are published quarterly as part of Open Data and contain: date of the contract, name of the natural or legal person, object…
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SEDENA and SEMAR publish their Procurement Reports periodically on their official website. In CompraNet it is also possible to see the relevant data report…
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Capability Gap and Requirements Definition
Q62
0/100
What procedures and standards are companies required to have – such as compliance programmes and business conduct programmes – in order to be able to bid for work for the Ministry of Defence or armed forces?
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The Public Sector Acquisitions, Leasing, and Services Law, also applicable for SEDENA and SEMAR, states that “acquisitions, leases, and services will be awarded, as…
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This indicator is marked ‘Not Applicable’ because there are no policies which require anti-corruption standards in defence procurement contracts. The Ministry of Public Function…
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Q63
50/100
Are procurement requirements derived from a national defence and security strategy, and are procurement decisions well-audited? Are defence purchases based on clearly identified and quantified requirements?
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In accordance with the law, the planning of acquisitions must be in accordance with the objectives and priorities of the National Development Plan and…
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The ASF has the power to inspect operations that involve federal public resources, [1] such as purchases or contracting of companies, including those of…
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These entities base their acquisitions and contracts on clear requirements, as shown through their activity reports. [1] [2] However, there are journalistic investigations that…
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Tender Solicitation, Assessment and Contract Award
Q64
13/100
Is defence procurement generally conducted as open competition or is there a significant element of single-sourcing (that is, without competition)?
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Pursuant to the Public Sector Acquisitions, Leasing, and Services Law and the Public Works and Related Services Law, there are three procedures for procurement…
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In cases of direct award or invitation to 3 people, the head of the area responsible for contracting must send the internal control body…
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Q65
42/100
Are tender boards subject to regulations and codes of conduct and are their decisions subject to independent audit to ensure due process and fairness?
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The LAASSP states that each agency must have a Procurement, Leasing, and Services Committee (C.A.A.S) that must be governed under the principles of legality,…
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Although the SFP has a registry of public servants of the Federal Public Administration who intervene in public contracting procedures, the granting of licenses,…
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The regulations and codes of conduct applicable to procurement committees are public. The information on their meetings however is not transparent. In this regard,…
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Article 29 of the Procurement Law [1] states that before the tender, entities can publish the draft bid through CompraNet, for 10 working days,…
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Q66
56/100
Does the country have legislation in place to discourage and punish collusion between bidders for defence and security contracts?
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There are regulations prohibiting collusion for federal procurement and contracting processes, applicable to the defence sector. The LGRPA indicates that “the individual who executes…
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The legislation empowers agencies and entities to exclude companies or individuals involved in bribery or corruption, refraining from receiving proposals or awarding contracts to…
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There is evidence of economic sanctions and disqualifications imposed on companies that have incurred in collusion. COFECE, for example, publishes on its official site…
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With regard to the training received by officials to identify patterns of collusion, it is up to the ICOs of each department to adopt…
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Contract Delivery and In-Service Support
Q67
38/100
Are there mechanisms and procedures that ensure that contractors meet their obligations on reporting and delivery?
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The Procurement Law [1] includes an “information and verification” chapter that establishes policies and procedures regarding monitoring. These are not very specific and do…
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The SFP makes available to the public, through the CompraNet platform, the relevant data on the contracts reported by the Purchasing Units of the…
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In accordance with the regulations, compliance with contracts with public agencies must be supervised, verifying that the goods or services are delivered in accordance…
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The agencies have the responsibility to agree to conventional penalties at the provider’s expense for delay in meeting the agreed delivery dates or the…
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Q68
100/100
Are there mechanisms in place to allow companies to complain about perceived malpractice in procurement, and are companies protected from discrimination when they use these mechanisms?
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There are formal mechanisms for companies to present nonconformities derived from the contracting processes directly at the offices of the Ministry of Public Function…
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The ASF has made available to corporations mechanisms to submit non-conformities through the CompraNet platform, by means of an open form. According to official…
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Extensive research found no information on possible retaliation against companies for complaints or non-conformities filed. [1] [2] [3] As such, this indicator is marked…
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The law empowers agencies and entities, through their procurement and contracting officials, to exclude companies or individuals involved in bribery or corruption, refraining from…
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According to journalistic reports and documents of investigations, cases of corruption by suppliers are not always investigated and on even fewer occasions do they…
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There is evidence of company sanctions. In fact, there is a Directory of Bidders, Suppliers, and Contractors sanctioned with the impediment to present proposals…
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Offset Contracts
Q70
0/100
When negotiating offset contracts, does the government specifically address corruption risk by imposing anti-corruption due diligence on contractors and third parties?
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There is no prohibition of offset contracts under Mexico law. In Mexico however, no commercial compensation offset agreements are made [1] and legally there…
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In Mexico, no commercial compensation offset agreements are made (domestically) [1] and legally there are no restrictions or policies that delineate their implementation. [2]…
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In Mexico, no commercial compensation offset agreements are made (domestically) [1] and legally there are no restrictions or policies that delineate their implementation. [2]…
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In Mexico, no commercial compensation offset agreements are made (domestically) [1] and legally there are no restrictions or policies that delineate their implementation. [2]…
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In Mexico, no commercial compensation offset agreements are made (domestically) [1] and legally there are no restrictions or policies that delineate their implementation. [2]…
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In Mexico, no commercial compensation offset agreements are made (domestically) [1] and legally there are no restrictions or policies that delineate their implementation. [2]…
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In Mexico, no commercial compensation offset agreements are made (domestically) [1] and legally there are no restrictions or policies that delineate their implementation. [2]…
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Agents / Brokers
Q73
13/100
How strongly does the government control the company’s use of agents and intermediaries in the procurement cycle?
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Controls for the use of agents and intermediaries are minimal, and there is no clear policy in this regard either. The LAASSP indicates that…
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Although the SFP will impose financial fines and temporarily disqualify companies from hiring advisory, consulting, and support services from any type of person in…
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Financing Package
Q74
0/100
Are the principal aspects of the financing package surrounding major arms deals, (such as payment timelines, interest rates, commercial loans or export credit agreements) made publicly available prior to the signing of contracts?
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Information on the financial package for arms contracts is not publicly available. [1] This type of information is protected as reserved, although the regulations…
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Seller Influence
Q75
NS/100
How common is it for defence acquisition decisions to be based on political influence by selling nations?
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This indicator is not assigned a score in the GDI. Specialists indicate that it is very common for purchases in this matter to be…
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This indicator is not assigned a score in the GDI. Generally, the government justifies the purchase of weapons with military needs, specifically to combat…
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This indicator is not assigned a score in the GDI. There is no information to justify whether arms acquisitions are awarded based on internal…
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