The Federal Economic Competition Commission (Cofece) warned that the “shielding” of the federal government of its projects and infrastructure works would generate possible risks in terms of competition and free competition.

According to the regulator, the Agreement would generate an asymmetric regulatory regime depending on who carries out the projects and works that, according to the same, are considered of public interest and national security, which could imply preferential treatment to the detriment of competition.

“This could orgrant asymmetric and preferential treatment with respect to public and private projects, regarding the fulfillment of procedures and requirements established according to risks ”, considered Cofece.

Read: Shielding of works is to speed up construction, not to hide data: AMLO

In addition, it specified that according to the Agreement, a project is declared of public interest and national security, it does not imply that the related contracting is framed as an exception to the bidding in accordance with articles 41, sections II and IV of the Law on Acquisitions, Leases and Public Sector Services and 42, sections II and IV of the Law on Public Works and Related Services.

“In any case, The use of public bidding should be privileged so that the State is in a position to obtain the best conditions hiring. The exceptions must respond to specific and delimited cases, where there is a clear rationale for danger, risk or alteration to public safety in accordance with the applicable regulations ”.

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