The “urgency” of buying chairs, tents and ribbons of different colors so that the crime “does not override the police.” Or the importance that people do not stop eating and are well fed, or the need to make last-minute contracts because it did not reach the acquired with consolidated bids…
Or flat because yes, because it is a mechanism that the law contemplates and there is no time for another procedure.
These are some of the arguments with which the federal government and local governments have justified the delivery of contracts without competition to the corporate consortium Kosmos, a group of three companies that in recent years has monopolized the purchases of food in the Public sector, and those who have also been awarded other services that have nothing to do with it.
Some of these arguments, such as last-minute acquisitions after consolidated purchases, have been pointed out by President Andrés Manuel López Obrador as a “modus operandi” that opened the door to corruption in previous governments. He used it as an example for the purchase of medicines, however, official documents prove that it continues to occur in the current administration, at least in terms of food.
Political Animal That corporate Kosmos has obtained, only at the start of the current administration, 51 new contracts with the federal government and the administrations of Mexico City and Veracruz for an amount of nearly 875 million pesos.
Of all those contracts More than 75% have been delivered via direct award, i.e. without competition. There was another restricted invitation, and only 11 by way of public bidding.
This Proportion is inverse To what is marked article 134 of the Constitution and the laws of federal and local acquisitions that prioritize as general procurement method The public bidding, and as Exceptions other mechanisms such as direct awards, the reason why the open competition was not used should be justified.
These rules indicate that a contract can only be allocated directly to a company in specific situations (such as a natural emergency or an extraordinary situation) that justify the non-open call to hire the one who has the Best proposal, both in price and in quality of the product or service (public bidding). And the decision must be well-argued and approved by a committee designed for it.
Political Animal He asked three federal authorities, who this year have issued contracts to Kosmos, a copy of the justification and approval of the direct award procedure. In turn, local contracts were reviewed to identify the legal argument with which non-public bidding was sustained.
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Here are some examples of these findings. Although it was sought also do the official position of presidency on the adjudication of this contracts, until the publication of this note no reply was received. Similarly, the Government of Mexico City was sought but its answer was to ask each dependency involved.
Contract SEGOB/PF/CSG/DGRM/C003/2019
Purpose of the contract: service of sanitary booths, mobile showers and equipment for events in general (tents, tables, chairs, ribbons for ribbons, etc…)
Contracting: Federal Police (Segob) Amount: $8,000,000.00
The document submitted by the Federal police indicates that the legal justification for having exempted this contract from the public bidding is based on article 41 fraction V of the law on acquisitions, leases and services of the public Sector, which speaks of Purchases in situations of “Fortuitous case or force majeure.”
After reviewing the legal faculties with which the PF has to contract services, the “motivation” is detailed to have opted for direct adjudication. It is argued that acts of authority are made fortuitous, and that the Federal police require conditions that allow it to maintain its operation throughout the country to maintain the crime.
And it is noted that, if the public bidding for this contract were to be used, the procedure would be extended for at least one month due to the change in government and hiring procedures. This, adds the trade, would affect the operation of the police and thus the effectiveness in the fight against crime.
“With the objective of not affecting the administrative and operational functions of the personnel deployed in various operatives, it is necessary to have the service that is the subject of the contract that we are involved in, and that after not completing the objectives, organized crime It could surpass the capacity of reaction of the Federal police, creating the perfect situation so that the elements attached to it could suffer attacks against him, “replies the document.
What is the service that is the subject of this contract, which is urgently to be hired? The document refers to buying Mobile baths, showers and “general event equipment“. And later detailed the list: tents, dais, carpeted temple, tablecloth, Imperial table, Bridge table, Tifany Chair, Acojonada chair, Ribbons for bows in various colors, cloth napkin in various colors, with banks, single-row, among others.
The contract was awarded to the company Productos Esserl S.A. de C, V., one of the companies of the Kosmos corporate. On your Web page, LA company says to dedicate itself to give “food solutions”, but not to offer products like those contracted by Federal police.
In the documents delivered, the PF maintains that a market study was done and it turned out that this company was the “best option”. However, this study was not detailed in the documents delivered.
Contract: AA-E2-2019
Purpose of the contract: food service for athletes and special events
Contracting: Conadero Amount: $26,505,650.59 (incl. extension)
In the document submitted by the Conader called “technical justification” for the granting of this contract via “exception” to the bidding, it is argued in two paragraphs the importance of “providing uninterruptedly” this service, because it is “essential “For athletes and other staff.
“Reason why it is very important to have the service from the notification of the failure… With the formalization of this hiring is expected an optimal operation of the services of food benefiting the athletes who prepare for the upcoming Pan American Games 2019 and other events of the Olympic cycle towards Tokyo 2020, “indicates the documento.
The trade does not explain Why a tendering mechanism was not anticipated For this topic. Nor does it detail any impediments to not having opted for open competition in the procurement of food service.
The remainder of the document given refers to the details of the food to be supplied. In this section The term “awarded bidder” is used on several occasions, as if the process had obeyed a tender. Even mention is made of a system of points to determine the winning bidder… But there was really no such.
Contracts: SS-SAP-ad-72-2019, SS-SAP-AD-100-2019 and SS-SAP-AD-72-2019
Purpose of the contract: Dining room service for various hospitals
Contracting: Ministry of Health (Psychiatric care services)
Amount: $12,657,063.79 (sum of the three)
The contracts refer to food services in the dining room for three different hospitals. In all three, the reason why the public bidding was not applied is justified in the same way.
The first is quoted as legal argument article 45 fraction V of the Procurement Act already mentioned in the case of the Federal police. That is to say that the exception comes in cases of acts of God or force majeure.
It is then explained that this cause of force majeure is due to the initial acquisition of centralized and consolidated purchases whose validity has already ended without meeting the needs that still have certain hospitals.
“You need a Office of Deconsolidation because this service is consolidated Through the Coordinating Commission of National Institutes of Health and it is not possible to make the arrangements in time between the areas, “he says.
It is added that the procurement guidelines for the health sector are being consolidated as tender. Prohibit other types of bidding, which leaves hospitals in a state of helplessness. Hence that “Because it is a difficult fact to foresee” Opt for the direct award in favour of Sere products.
Contract: SSP-UA -001/19
Object of the contract: supply of food for the processing of foodstuffs in local penals
Contracting: SSP of Veracruz Amount: $190,000,000.00
This is the largest contract awarded to the corporate Kosmos in what is going to the current administration, and was awarded by the Government of Cuitláhuac Garcia in Veracruz to the Cosmopolitana S.A. de C.V.
It is striking, in the first instance, what Veracruz placed in the justification section for the direct award of the contract data sheet. Is a paragraph that It has nothing to do with the contract in question Which is for the provision of food in Penals:
“The existing units present wear on their moving parts caused by their constant use, in long PerioTwo of time it is indispensable to periodically provide the preventive, corrective maintenance service; As well as the service and supply of tyres for the vehicular park of the Secretariat of public Security “is erroneously indicated.
After entering the contract, is cited as justification for applying the Direct award Article 55 fraction I of the law on acquisitions and leases of the state of Veracruz.
This article states that the public bidding shall be exempted from “procurement of perishable goods whose Ministering is not permanent“.
The above, although the feeding of the inmates of the prisons, like that of any person, It is a service that is permanent.
Arguments of the Government of Veracruz to give contracts to corporate Kosmos
Contract: SSCDMX-DGA-010-2019
Purpose of the contract: purchase of food (dairy, meat and sausage)
Contracting: Secretary of Health CDMX amount: $7,983,581.90
As in the previous case, the contract was revised through the national Transparency platform. In the section where it should be placed the link to the justification of the direct award only appears a legend that says the necessary steps are made to “generate and later publish the corresponding information”. I mean, The document is not.
What was included is the contract that specifically states as a legal justification to have directly awarded this contract the fraction II of article 54 of the Federal District Procurement Act.
This article expressly states:
“(The award proceeds) when Péligre or alters the social order, the economy, public services, health, safety or the environment of any area or region of the Federal district, as a result of disasters produced, by Acts of God or force Greater, or there are circumstances that may cause significant losses or additional costs. “
Since the technical opinion is not available on the platform, the dependence on the purchase of meats and sausages in that article is not known as framed.
Arguments of the Government of CDMX to give contracts to corporate Kosmos
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