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.
