On November 28, 2014, the administrative provisions for bidding processes and granting of contracts for the exploration and extraction of hydrocarbons, issued by the National Hydrocarbons Commission, were published in the Official Daily of the Federation and entered into force as of the day of their publication.
These provisions are intended to establish and regulate the acts and the phases comprised in bidding processes for the awarding of contracts for the exploration and extraction of hydrocarbons, according to the provided in the Law of Hydrocarbons, in the Hydrocarbon Revenue Law, in the Law of Energy Regulatory Bodies and in the applicable secondary energy laws.
It is established that in a bidding process, a committee comprised by a group of public officers of the National Hydrocarbons Commission, will be responsible for coordinating and executing the bidding process, in accordance to the bidding terms established in the specific case.
The administrative provisions establish the different mechanisms through which the participants may enter into the bidding processes. The bidding process can be conducted physically, through electronic media, or using a combination of both. When the bidding process is conducted through electronic media, the offers may be submitted by using information technologies that ensure the authenticity and confidentiality of the information provided.
Additionally, it is established that the National Hydrocarbons Commission will determine the phases of the bidding process, taking into consideration the bidding terms established by the Ministry of Energy, as well as the nature, characteristics, magnitude and complexity of each phase. Likewise, the minimum phases that a bidding process shall comprise are established in the new provisions.
In addition to the above, the minimum requirements that the bidding invitations to participate in a bidding process shall include are established therein. The information that shall be included in the bidding terms is also established.
According to the provisions, the National Hydrocarbons Commission will establish in the bidding terms the procedure through which any question or...