Integrating Responsible Business Conduct in Public Procurement

Mexico

1. Policy

At the Federal level, Mexico has two general regulatory frameworks regarding public acquisitions, 1) the Acquisitions Act dedicated to goods and services, 2) the Public Works Act. These frameworks include the following RBC objectives – additional frameworks apply, depending on the RBC objective:

Environment

Human rights

Labour rights

People with disabilities

Minority considerations

Gender considerations

Integrity

This aspect is also included in the Ethics Code and Integrity Rules for public servers.

2. Implementation

Tender phase

• When purchasing timber or wooden furniture, contracting authorities must ensure that the wood is certified by the Ministry of Environment and Natural Resources. This requirement aims to guarantee the origin and sustainable management of forests. In addition, when purchasing paper, contracting authorities must ensure that the product contains a minimum of 50% recycled or natural fibres (not derived from wood or forest raw materials).

• In order to promote social aspects, contracting authorities are required to adapt their evaluation criteria, based on the “points and percentages” method. Contracting authorities must give additional points or percentages to suppliers who are disabled, companies that employ at least 5% people with disabilities or companies applying practices to reduce the gender inequalities.

• The General Attorney’s Office (Procuraduría General de la República, PGR) is not authorised to close a contract with a potential supplier that has not complied with obligations related to social security and housing.

• Contracting authorities can use the direct award procedure when purchasing goods and services from farmers or marginalised rural groups.

• Bidders are required to sign a declaration of integrity stating that they will adopt correct behaviour throughout the tender and will not seek to alter the results of the procurement procedure in any way.

3. Good Practices

• Mexico is part of a regional initiative to support the implementation and regional integration of sustainable public procurement. The project “Regional Integration for the Promotion of Sustainable Production and Consumption” was launched in the context of the Pacific Alliance. It is based on the principles agreed on in the United Nations Conference on Sustainable Development (Rio + 20), and UN Environment’s guidance “Implementing Sustainable Public Procurement. Introduction to the UNEP Approach”.