June 12, 2025
On April 17, 2025, a new regulatory framework came into force, profoundly transforming the legal regime applicable to procurement procedures with the Federal Government. With the publication in the Federal Official Gazette of the new Law on Acquisitions, Leases, and Services of the Public Sector (LAASSP) and the reforms to the Law on Public Works and Related Services (LOPSRM), the institutional, operational, and technological architecture of public procurement in Mexico is being redefined DOF. On June 2, 2025, another decree was published introducing new criteria to encourage domestic investment in the production of medicines, health supplies, and medical devices. Available here.
- Toward a National Public Procurement System: New LAASSP
The new LAASSP establishes a modernized scheme focused on digitalization, sustainability, inclusion, and efficiency. It introduces the National Public Procurement System, driven by a) The Anti-Corruption and Good Governance Ministry (SABG) as the normative authority; b) The Ministry of Finance and Public Credit (SHCP) as the supervisor of contract evolution; c) The launch of a new digital platform, Compras MX, which will gradually replace Compranet.
Key regulatory changes include:
- Introduction of competitive dialogue and direct award with negotiation strategy as new procurement modalities.
- Replacement of traditional framework contracts with binding framework agreements.
- Inclusion of reverse auctions, strategic supplier dialogues, and public-to-public contracting under exceptional rules.
- Creation of the Strategic Procurement Committee, involving SABG, SHCP, and SE, to foster consolidated purchasing.
- Requirement that 65% of procurements contain national content.
- Preferential provisions for SMEs, cooperatives, and priority groups.
II. Reconfiguration of Public Works: Reforms to the LOPSRM
Key changes include:
- strategic dialogue and reverse auctions to promote competitiveness.
- Standardization of criteria for market research.
- Joint liability for construction supervisors.
- Intergovernmental public works contracts must now comply with transparency, cost, and quality standards, and be published in Compras MX.
- A preference for local companies to support regional economies.
As mentioned, certain regulatory provisions are still pending; however, this new legal framework requires companies and suppliers to undertake a comprehensive review of their participation strategies to align with the new bidding mechanisms, since we are witnessing a structural transformation that redefines the rules of engagement for all stakeholders in Mexico’s public procurement ecosystem.
It will be essential to prepare to operate within renewed digital platforms and under the oversight of new governing authorities, as well as adopt a proactive approach and strategic dialogues with public entities and anticipate possible contractual disputes through preventive mechanisms.
New Conditions for the Public Procurement of Medicines and Health Supplies
One of the first decrees was establishing new criteria to promote domestic investment in producing medicines, health supplies, and medical devices.
This new regulatory instrument will directly affect upcoming public procurement processes in the healthcare sector, particularly the consolidated procurement of medicines starting in 2026, by introducing additional evaluation criteria linked to the location of productive investment.
Key aspects companies should take into account include:
- Requirement for domestic investment: The decree requires authorities to promote the participation of suppliers with physical investment in Mexico in any part of the value chain, including manufacturing, warehousing, research, or innovation. Projects that are still under development or construction will also be considered.
- New point and percentage allocation criteria: The presence of domestic investment will be treated as an objective criterion for awarding technical and economic points in procurement procedures, which may alter how bids are currently evaluated.
- Regulatory streamlining: COFEPRIS has been instructed to expedite key processes, including sanitary registrations, import permits for raw materials, and export certificates. This may affect the operational strategy of suppliers, particularly those with hybrid or international supply chains.
- Investment committee for patented or single-source products: The decree establishes a Pharmaceutical Investment Promotion Committee to review investment proposals in Mexico, particularly those related to high-volume public purchases. This may open a pathway for early engagement with government agencies.
This decree is part of a broader public policy to reduce import dependency in the healthcare sector. In practical terms, companies wishing to participate in federal procurement processes from 2026 onward must reassess their compliance, investment, and operational location strategies to remain competitive under the new rules.
At Basham, Ringe y Correa, S.C., we have a team of experienced attorneys in public procurement, public works, administrative litigation, and regulatory compliance, ready to provide comprehensive legal support.
SINCERELY,
ADOLFO ATHIÉ CERVANTES
MARIANA GONZÁLEZ
DIANA RANGEL LEÓN
DANIELA PINEDA ROBLES
RICARDO ANTONIO TAGLE PASTÉN
