the subsidiary III services S. A. de C. V., not state-owned PEMEX and dedicated to the housebuilding, was in charge of buying direct 500 pipes to distribute fuel in the country and whose legal livelihoods is a memorandum from the President Andrés Manuel López Obrador in which instructs four government agencies to make “immediate” purchase.
To be an affiliate, III services, S. A. de C. V. is not obliged to carry out contracts for tender as the rest of the public administration entities, as is governed “under the special law of Petroleos Mexicanos, subject to private law regime”, i.e., by commercial law and not by the law of Acquisitions.
This is part of the information provided by the Ministry of the public service to a request for information made by Animal politician via transparency, which called for the documentation that explain and legally justified the decision to make a direct assignment instead of a tender for the purchase of pipes.
“In response, the unit gave the memorandum signed by the President on 18 January, a study of market, verification of sanctioned suppliers and two reports of” transparency in the process of acquisition of the auto-tanques for the transport of fuel”.
This latest reports that “the contracting area is III Servicios, S.A. de C.V., not state-owned subsidiary company of PEMEX, under regime of Petroleos Mexicanos law, subject to private law (…) in this sense, the said Contracting is governed by provisions of private law”.
This excludes it even from the obligation to carry out procurement and contracting “in terms of the provisions of article 134 constitutional”, established in law only for Pemex Petroleos Mexicanos and controlled production companies. That article states that “the economic resources available to the Federation, will be managed with efficiency, effectiveness, economy, transparency and honesty to meet the objectives for which they are intended”.
The company was responsible for the construction of the trail of light and together with Banjercito was criminally denounced in 2012 by millionaire damage heritage by irregularities such as subcontracting, without passing through any public bidding process, so it finished Triangulating 394 million pesos between other companies.
Even, the former Director of the company, Agustín Castro Benítez, was disabled for 12 years by the public due to irregularities.
Although the civil service reported “reviewed the purpose of the contracting area I.I.I services S.A. de C.V.”, according to its website, the company does not hydrocarbons specialist that offers services for the construction, development and real estate regularization, administration and maintenance, supervision of work, the information technology and consulting, reportedly in their website.
It also explains that III direct services to be a branch of Pemex development and investment (PDII) has “specialized technical capacity of investment and project development in the real estate market, oriented to the generation of value of the goods real estate own and third parties, in order to provide solutions and to meet the demand associated with the development of the oil industry and other public and private industries”.
So it is that among the projects is the spring la Paz, in Baja California Sur, the Garden Tower Pemex, the remodeling of the corporate offices in the city of Mexico; the colony Pajaritos, in Coatzacoalcos Veracruz, and building pyramid in Villahermosa, Tabasco.
While ongoing projects include 654 hectares of land with industrial vocation, 763, 30 thousand m2 of offices and 635 parking spaces, she reports on its Web site.
Memorandum of the President on 15 January last, President Andrés Manuel López Obrador reported in Conference the purchase of 500 pipes for the transport of hydrocarbons as part of the battle plan and the huachicol addressing the emergence of shortages.
Three days later, on 18 January, he sent a memorandum to Marcelo Ebrard, Secretary of Foreign Affairs; Irma Eréndira Sandoval, head of public service; Graciela Márquez, Secretary of economy, to Raquel Buenrostro, official Mayor of the Ministry of finance, instructing them to choose providers within two days.
He says that “because it is a matter of emergency, in accordance with the laws and in exercise of my powers, I instructed them to proceed immediately to the purchase of the necessary auto-tanques, for which is has sufficient budget and availability expedited resource”.
The shortage of fuel occurred at beginning of year occurred after the decision of the President to suspend the transportation of hydrocarbons in some ducts as part of the strategy against the huachicol, i.e., of theft of fuel. This situation was described by the President as “emergency” and should be addressed quickly.
For cases of emergency, the law of acquisitions provides procurement or purchase of inputs through “direct mapping”, as an exception to the tender, i.e. the competition of suppliers to choose which offer the best conditions.
Article 41 establishes that “derived from the unforeseeable circumstances or force majeure, it is not possible to obtain goods or services by means of the procedure of public bidding in the time required to attend the event in question, in this case the quantities or” concepts must be limited to what is strictly necessary to meet them”.
Although Animal politician requested the legal support of the decision, the public service delivered the memorandum of the President as the document that gave rise to the decision and not some analysis of the emergency or the feasibility of resolving it through the purchase of the truck tanks.
In the memorandum, the President shows that the “called DN3 – emergency plan for the supply of fuel is a matter of national security.” The Mexican State be subjected to any economic or political, particular power cannot not tolerate threats or pressures of organized crime”, exposes the President in the memorandum.
In the document, ask the Secretaries of State “make sure that there are units and to ensure immediate delivery. This will help much visits to plants or distribution centers, as well as the good reputation and the ethical commitment that distinguishes the companies”.
While in one of the reports of transparency, signed by the head of the civil service, Irma Eréndira Sandoval, advises that “the time was a preponderant factor that kept the purchase through a public tender, regulated by the Act”.
Therefore, the Secretariat was instructed by the President to “witness is fulfilled the same integrity and legality protocols applied to these traditional procurement procedures, to ensure the best conditions for the State’s” price, quality, timeliness and delivery times which will favour the public interest and resulted in a benefit to the Exchequer resources”.
Election in three days January 18, the same date of the memorandum from the President and a delegation of officials were in the Consulate General of Mexico in New York with 22 potential suppliers who explained the characteristics of the car tanks required and recruitment mechanism, as warned in the transparency of the Ministry of the public service report.
On the same day he was “the reception of contributions by 14 bidders” and Pemex staff reviewed “the fulfillment of technical specifications”.
On 19 January a second session was held where Commission officials “announced to all bidders who presented quote the reference price, in order to get deals with low, competitive prices, also is” He requested to consider immediate delivery dates”.
The next day, January 20, 2019, announced “the result of the selection, quantities and amounts allocated”. The Secretaría de la Función Pública reviewed directory of sanctioned suppliers and contractors chosen enterprises will not be disabled or have a history of punishment.
While Tuesday, January 22, the delegation of officials from the Ministry of economy travelled to Ciudad Juárez, Chihuahua to verify “the physical existence of the manufacturing plant of one of the companies selected in the purchasing process, which seeks to avoid the simulation and phantom companies hiring.”
According to the President, the acquisition of pipes will allow transportation of 200 thousand barrels of fuel daily, which would increase the capacity of transportation by 25%, which would supply with a margin of sufficiency in all seasons of distribution.
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