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COMISIÓN NACIONAL DE LIBROS DE TEXTO GRATUITOS(NATIONAL COMMISSION OF FREE TEXT BOOKS).

ADMINISTRATIVE COORDINATION OFFICE.MATERIAL RESOURCES AND GENERAL SERVICES DEPARTMENT.

PROCUREMENT OFFICE.

INVITATION TO THE ELECTRONIC OPEN PUBLIC INTERNATIONAL TENDER

LA-011L6J001-E168-2016

PROCUREMENT OF CARDSTOCK PAPER FOR BOOK COVERS.

Tlalnepantla de Baz, Estado de México, December 7, 2016

Almacén Tequesquináhuac, Martín Luis Guzmán s/n Col. Nueva Ferrocarrilera Tlalnepantla, C.P. 54030, Estado de MéxicoTel. (55) 53 21 03 00 www.conaliteg.gob.mx | [email protected]

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1. General.

1.1 Invitation

The Comisión Nacional de Libros de Texto Gratuitos (National Commission of Free Text Books), hereinafter the Conaliteg, hereby issues this invitation for parties interested in participating in this electronic open public international tender through the Procurement Office, which is part of the Material Resources and General Services Department, located on the first floor at calle Martín Luis Guzmán s/n, Colonia Nueva Ferrocarrilera, Tlalnepantla de Baz, Estado de México, C.P. 54030, pursuant to the provisions of articles 134 of the Mexican Constitution, 25, 26 section I, 26 bis section II, 27, 28 section III, item a) and 29 of the Public Sector Procurement, Leasing and Services Act, hereinafter the Act, as well as the corresponding articles of the Regulations and other applicable provisions in the matter.The conditions set forth herein or in any proposals submitted by bidders shall not be negotiable under any circumstances, pursuant to the provisions of paragraph seven of article 26 of the Act.

1.2 Type of Procedure.

This contracting procedure shall be carried out through an electronic open public international tender, which shall be published in the Electronic Public Government Information System called Compranet, hereinafter Compranet, on the website www.compranet.gob.mx. This invitation may also be consulted on the Conaliteg website http://www.conaliteg.gob.mx, in which bidders may only participate electronically at clarifications meetings, the submittal and opening of proposals and the award, pursuant to the provisions of articles 26 bis, section II and 28 section III, item a) of the Act.The Conaliteg shall keep a printed copy at the offices of the Material Resources and General Services Department located on the first floor at Martín Luis Guzmán s/n, Colonia Nueva Ferrocarrilera, Tlalnepantla de Baz, Estado de México, C.P. 54030, exclusively for consultation. It shall be under no obligation to submit a printed copy to the bidder.Mexican and foreign bidders may participate in this tender, notwithstanding the origin of the cardstock paper to be acquired. Proposals sent by regular mail or courier service shall not be accepted in this tender.Bidders shall participate through CompraNet pursuant to the “Ruling setting forth provisions to be complied with in order to use CompraNet”.

Note: Bidders are hereby informed that the Conaliteg shall make an English language translation of this invitation available for bidders, for informative purposes, on the web page http://www.conaliteg.gob.mx/paper within a timeframe of three business days following publication hereof at the latest.


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In the event of any discrepancies between the content of this invitation and that of its English language translation, the invitation published on CompraNet in Spanish shall have legal preference.

1.3. Process Number

The ID number of this bidding process is LA-011L6J001-E168-2016, as assigned by CompraNet.

1.4 Requisition.

In order to hold this bidding process, it is considered that contracting will take place through order request number 100042755. Said request covers the 2017 tax year.

1.5 Submittal of Proposals.

Any proposals submitted by the bidder and any related documents must be drafted in Spanish or English. The forms may be reproduced by each bidder in whichever mode they deem convenient, provided they respect their content, preferably in the specified order. They must also contain the requested information and requirements in the specified manner and terms. Failure to fulfill any of the specified requirements or to provide any information requested, thereby affecting the solvency of the proposals, shall constitute grounds for rejection.

1.61.7 Budgetary Adequacy.

Budgetary authorization for the holding of the bidding process has been granted by way of official notice number DRF/3355/2016, issued by the Financial Resources Department.

2 PURPOSE AND SCOPE.

2.1. Description of the Goods.

The Conaliteg shall perform the Procurement of 23,127 units of 1,000 of cardstock paper for book covers, whose quantities and characteristics are outlined in Annexes VI and VII.

2.2. Conditions of Delivery.

Bidders must submit their proposals considering that cardstock paper shall be delivered under the following conditions:

DDP (delivery duty paid, Incoterms 2010) at the addresses and in the quantities set forth in Annex VII.


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The contracting of transportation, any import duties and expenses incurred and the insuring of cardstock paper up to the destination shall be conducted on behalf and to the order of the bidder.

2.3. Identification of Mexican Official Standards, Mexican Standards, International Standards or, as applicable, the reference Standards or specifications.

The deliverable goods must comply with the TAPPI standards set forth in Annex VI.

2.4. Contract Modality.

This procurement shall be conducted under the closed contract modality.

2.5. Contract.

The draft contract presented in Annex XII: Draft Contract (informative form) and the effective term thereof shall last until such time as each and every clause therein has been complied with in full to the complete satisfaction of the Conaliteg or until December 31, 2017, whichever occurs first.

2.6. The rights and obligations derived from the contracts may not be assigned, either in part or in full, in favor of any other natural person or legal entity, except for collection rights, in which case the prior and written consent of the Conaliteg shall be required.

2.7. Any acts, contracts and agreements executed in breach of the Legal provisions shall be completely null and void, following the determination of the judicial or administrative authorities performing jurisdictional duties, pursuant to the provisions of article 15 of the Act.

3. BIDDING PROCESS EVENTS.

3.1. Bidding Process Timeframes

This process shall be fast-tracked pursuant to the provisions of articles 32, penultimate paragraph, of the Act, and 43, second paragraph, of the Regulations thereof.

3.2. Calendar of Events.

EVENT DATE

Clarifications meeting December 13, 2016At 09:00 hours.

Submittal and opening of proposals

December 20, 2016At 10:00 hours.


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Award announcement December 21, 2016At 16:00 hours.

Venue of events CompraNet.

Bidders must consider that the times of the events are Mexico City GMT.

3.2.1. Clarifications Meeting.

The clarifications meeting shall be part of the content of the invitation to tender, and is where replies will be given to any economic, technical, legal and administrative doubts and queries submitted by bidders in writing in Word format through CompraNet, provided they are sent 24 hours before the clarifications meeting is held. Anybody wishing to seek clarification regarding the aspects contained in the invitation must submit a simple letter stating their wish to participate in the invitation to tender, on their own behalf or on behalf of a third party, in all cases providing general details of the interested party and, as applicable, of the representative, pursuant to the provisions of articles 33 Bis of the Act; 45, 46 and 48 section V of the Regulations. Said letter must contain the details specified in Annex I: Letter of intent to participate (this form is mandatory for anybody wishing to ask questions regarding the invitation).

The Conaliteg shall resolve any doubts and queries submitted by bidders sending, via Compranet, answers to the requests for clarification received, as from the time and date specified in the first paragraph of this point.

The timeframe for bidders to ask any necessary questions regarding the answers issued by the Conaliteg shall be six hours from the moment the Conaliteg provides the clarification, and the continuation of the meeting shall therefore be subsequent to this time.

Minutes of the event will be drafted and, once they have been signed by the public officials in attendance on behalf of the Conaliteg, published on CompraNet. Bidders shall accept that they have been duly notified of the minutes issued once the minutes have been made available to them on CompraNet.

3.2.2. Submittal and Opening of Proposals.

a) Participants must register on CompraNet before the deadline specified in point 3.2.

b) Once the proposals have been received, they cannot be withdrawn or annulled, and they shall therefore be deemed valid in this bidding process until it ends, pursuant to articles 26, third to last paragraph, of the Act and 39, section III, item d) of the Regulations thereof.

c) Development. The submittal and opening of proposals shall take place pursuant to articles 34, 35 sections I and III of the Act, 47 and 48 of the


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Regulations thereof, at the time specified in point 3.2, from which moment the public official chairing the event shall be the only person authorized to make decisions during the event, pursuant to the terms of the Act and the Regulations thereof. Furthermore, only proposals submitted via CompraNet prior to the specified time of this event shall be received, for which purpose the proposal reception time shall be the time registered by Compranet. The proposals registered in this system shall be opened.

In view of the foregoing, proposals must be submitted pursuant to the provisions of the “Ruling setting forth provisions to be complied with in order to use CompraNet”, published in the Official Gazette of the Federation on June 28, 2011.

Bidders shall also send the file containing a simple copy of both sides of their valid official ID with a photograph of the person who signed the proposal.

Once the submittal and opening of proposals is under way, the digital envelopes containing the technical and economic proposals, along with the legal documentation, shall be opened, the information they contain downloaded and the documentation submitted by each bidder put on record for subsequent evaluation.

Minutes of the event shall be drafted indicating the place, date and time at which the result of the tender will be announced. These minutes shall be initialed and signed by all the attendees, and made available to bidders as of that date on CompraNet. Failure by any of the participants to sign the minutes shall not invalidate the content thereof.

If, during the event, for reasons beyond the control of the Conaliteg or for failures involving CompraNet or the remote electronic means of communication, it is not possible to open the files containing the proposals sent via CompraNet, the event shall be resumed once the circumstances that gave rise to the interruption have been remedied.

Proposals shall be held as not submitted if the files containing the proposal information do not come in word, excel or pdf formats, contain a virus or cannot be opened for any reason due to technical issues imputable to their computer software or hardware.

d) Signing of proposals. Technical proposals shall be signed on the last page, while economic proposals must be signed on every page by whichever public official is designated by the public official chairing the event. The foregoing is pursuant to the provisions of article 35 section II of the Act.

3.2.3. Decision.

The announcement of the decision will begin with the reading out of the decision. Then the corresponding minutes will be drafted, specifying the names of the bidders to whom the contracts have been awarded and containing the signatures of the public officials in attendance. Bidders shall accept that they shall be held as duly notified of the minutes issued once the minutes have been made


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available to them on CompraNet, pursuant to the provisions of article 37 of the Act.

The deadline for announcing the decision may be deferred, provided the new deadline is no more than 20 calendar days after the original deadline, pursuant to article 35 section III of the Act.

3.3. Modification to the Invitation.

The Conaliteg may modify aspects set forth in the invitation, provided this is not intended to limit the number of bidders, no later than the seventh calendar day prior to the date of submittal and opening of proposals. Any such modifications must be announced on CompraNet on the following business day at the latest.

Modifications shall not under any circumstances involve substitutions of the originally required goods, the addition of any different items or any substantial changes of the characteristics thereof, pursuant to the provisions of article 33 of the Act.

3.4. Joint Participation.

3.4.1. Pursuant to articles 34, third paragraph, of the Act and 44 of the Regulations thereof, two or more bidders may group together to submit a joint proposal.

3.4.2. In addition to the provisions of point 5, they must submit a signed letter in which the group’s common representative states that the proposal is being submitted jointly, pursuant to article 34 of the Act, as well as giving the names of the natural persons or legal entities comprising the group.

3.4.3. All the parties comprising the group must execute an agreement on the terms of the applicable legislation accurately providing the following details:

a) Name, address and federal tax code of all the parties comprising the group, including, as applicable, details of the public deeds evidencing the legal existence of the legal entities and their amendments and modifications, if any, along with the names of the shareholders appearing therein.

b) Name and address of the representatives of each of the parties comprising the group, including, as applicable, details of the public deeds evidencing their powers of representation;

c) The appointment of a common representative, who shall have a broad and sufficient power of attorney to attend to any matters relating to the proposal in the bidding process, and who shall sign the proposal.

d) A description of the parties subject to the contract that must be complied with by each party, as well as an explanation of how compliance with the obligations shall be demanded.


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e) An express provision whereby each signatory shall be bound jointly and severally with the other parties comprising the group to accept liability derived from any contract signed.

f) Natural persons and legal entities submitting a joint proposal may not submit another proposal individually.

3.5. Submittal of the Proposal.

Parties interested in participating in this tender may only submit a proposal with the items they wish to participate in.

3.6. Obligations.

Once the decision has been announced, the obligations derived therefrom shall become enforceable, notwithstanding the parties’ obligation to sign the contract on the date and terms set forth in the announcement of the decision.

The decision shall not be subject to appeal. However, complaints may be submitted pursuant to Title Six, Chapter One of the Act.

3.7. Execution of the Contracts.

3.7.1.Any undertakings derived from this invitation shall be formalized with the signing of the corresponding contract.

3.7.2. Any contract derived from this bidding process shall be signed at the Contracts Department of the Conaliteg located on the ground floor of Martín Luis Guzmán s/n, Colonia Nueva Ferrocarrilera, Tlalnepantla de Baz, Estado de México, C.P. 54030, within 15 calendar days following the announcement of the decision.

3.7.3. If the awarded bidder does not show up to sign the contract within the specified timeframe for reasons imputable thereto, they shall be penalized pursuant to the terms of articles 59 and 60 of the Act, and the contract in question shall be awarded to the second best proposal submitted in the bidding process and so forth in the order of preference of the evaluation, provided the difference with regard to the economic proposal to which the contract was initially awarded is not greater than 10% and does not exceed the amount set forth in the requirements, pursuant to the provisions of article 46, second paragraph of the Act.

3.7.4. If the awarded bidder is Mexican, they must submit the following documentation to the Contracts Department prior to the signing of the contract:

a) Deeds and amendments of the bidding company’s articles of incorporation, with their corporate purpose in accordance with the specified requirements for this bidding process.

b) Up-to-date Federal Taxpayers’ Code (RFC) specifying the tax domicile.c) Notarized power of attorney for the legal representative evidencing their

standing to bind and contract on behalf of their principle.Almacén Tequesquináhuac, Martín Luis Guzmán s/n Col. Nueva Ferrocarrilera Tlalnepantla, C.P. 54030, Estado de México

Tel. (55) 53 21 03 00 www.conaliteg.gob.mx | [email protected]

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d) ID of legal representative.e) Legal Status Form, Annex II (this form is mandatory for the awarded

bidder)f) Proof of address.

3.7.4.1. If the awarded bidder is foreign, they must submit the following documentation to the Contracts Department prior to the signing of the contract:a) Deeds and amendments of the bidding company’s articles of incorporation

or equivalent documentation in their country of origin, which must be legalized or apostilled by the corresponding authorities and be accompanied by a Spanish language translation or the corresponding translation. In addition, the power of attorney must be duly notarized. All the foregoing is pursuant to the following:

APOSTILLE: Mandatory for foreign bidders from signatory countries for which the “CONVENTION ABOLISHING THE REQUIREMENT OF LEGALISATION FOR FOREIGN PUBLIC DOCUMENTS” (Hague Convention October 5, 1961) published in the Official Gazette of the Federation on August 14, 1995, is still in force.

LEGALIZATION: Foreign bidders from countries that are not signatories to the abovementioned Convention must perform the corresponding consular legalization.

TRANSLATION: By expert translators duly authorized by the Tribunal Superior de Justicia de la Ciudad de México (Superior Court of Justice of Mexico City).

NOTARIZATION: This must be performed with a Mexican Notary Public. Bidders may go to the corresponding Mexican Consul who performs the functions of a Mexican Notary Public.

We point out that foreign bidders are responsible for ensuring that the text of each document complies with each requirement set forth in the invitation.

Original documents shall be returned after the contract has been signed.

3.8. Performance Bond.

3.8.1. The awarded bidder must guarantee performance of the contract with a bond issued by a Mexican bonds and sureties company legally authorized for such purpose, for an amount equal to 10% of the total value of the awarded contract, before Value Added Tax (VAT), issued in favor of the Conaliteg.

3.8.2. Said bond must be issued in a divisible manner, pursuant to the provisions of article 81 section II of the Regulations of the Act, and state that the bonding company expressly states:a) that the bond is issued in compliance with all the contract’s provisions.b) that the bond guarantees any extensions and stays that may be granted to

the provider.c) that the releasing of the bond shall require the express and written consent

of the Conaliteg.


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d) that the bond shall be valid during the processing of any legal motions or trials filed and until such time as a final resolution is passed by the corresponding authorities; and

e) that it submits to the execution procedures set forth in articles 95 and 95 bis of the Federal Surety Companies Act for the enforcement of the bonds, including if interest is payable as a result of the extemporaneous payment of the amount of the required bond.

3.8.3. The bond must be submitted within thirty calendar days following the signing of the contract in the Contracts Department for validation, on the understanding that failure to do so by the agreed deadline shall be construed as noncompliance with the contract as from that moment, and the provisions of articles 59 and 60 of the Act shall be complied with, and the Conaliteg shall therefore notify the Ministry of Public Administration (SFP) of said noncompliance with the obligation, thereby rendering the Conaliteg free to award the contract to the next bidder, pursuant to the terms of article 46 of the Act.

3.8.4. Upon expiry of the contract’s effective term, and following submittal of the updated document issued by the SAT (Mexican tax collection authority) for Mexican bidders in which an opinion is given on compliance with their tax obligations, and once the contractual obligations have been duly complied with, including any administrative procedures that may arise, the provider shall have 60 calendar days to request the cancellation of the bond by the Contracts Department. Once this timeframe has elapsed, the Conaliteg shall not accept any liability in this regard.

If compliance with obligations by the provider is pending, the request to cancel the bond shall not be accepted.

3.8.5. For foreign bidders the opinion on compliance with their tax obligations shall be submitted, and once the contractual obligations have been duly complied with, including any administrative procedures that may arise, the provider shall have 60 calendar days to request the cancellation of the bond by the Contracts Department. Once this timeframe has elapsed, the Conaliteg shall not accept any liability in this regard.

If compliance with obligations by the provider is pending, the request to cancel the bond shall not be accepted.

3.9. Amendments to the Contract.

The quantity of goods under the contract may be increased provided the total amount of the contract amendments does not in total exceed 20% of its total value and that the price and other contracting conditions are the same as the ones initially agreed in the contract, and the contract performance bond must be adjusted pursuant to the provisions of the first paragraph of article 52 of the Act.

3.10. Productive Chains Program.


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Pursuant to the General Provisions to be complied with by the Departments and Agencies of the Federal Public Administration for inclusion in the Productive Chains Program of Nacional Financiera, S.N.C., Institución de Banca de Desarrollo, published by the Ministry of Finance and Public Credit and the Ministry of Public Administration in the Official Gazette of the Federation on February 28, 2007, and its amendments published on April 6, 2009, pursuant to the provisions of point 6 item II of said instrument, you are invited to participate in the Productive Chains Program, and awarded bidders interested in joining said program must consider the provisions of Annex XIII: Productive Chains Program.

For further information, interested parties must contact Nacional Financiera, S.N.C. at the e-mail [email protected]

3.11. Penalties and Restrictions.

The Ministry of Public Administration shall be advised of any noncompliance as described in articles 50, 59 and 60 of the Act in order to apply the penalties set forth.

No proposals shall be received and no contracts whatsoever shall be signed from or with bidders who fail to comply with the provisions of articles 50 and 60 of the Act.

3.12. Contractual Penalties

The contract shall clearly set forth contractual penalties if providers incur delays in the delivery of the goods subject matter of the contract. The penalty shall be specifically set at 5 to the thousand of the total value of the goods not delivered on time for each calendar day’s delay, not including VAT and up to the maximum amount of the bond granted. Such penalties shall be deducted from the corresponding payment. The Conaliteg may, if it suits its interests, execute the bond and terminate the contract. If the latter takes place, the penalties shall not be collected and nor shall they be recorded for the purpose of executing the performance bond, pursuant to the provisions of article 53 of the Act.

3.13 Termination of the Contract.

The procedure for termination may be commenced pursuant to the provisions of article 54 of the Act.

If the Conaliteg terminates a contract, it may consider bidders whose proposals complied with all the conditions set forth in the invitation to tender, following the order of preference of the evaluation, provided the difference of their proposal does not exceed 10% of the best proposal.

3.14. Advance Payments.

Advance payments shall not be made hereunder.


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mailto:[email protected]

3.15. Payments.3.15.1 The contract shall be paid in Mexican pesos pursuant to the following:

a) Payments shall be made against delivery of cardstock paper and/or a record of receipt following submittal to the Financial Resources Department (DRF) of: Invoice or equivalent document from the country of origin of the awarded

bidder. Copy of the official notices of instruction. Original delivery remittances on the awarded bidder’s letterhead paper,

stamped and signed by whichever person received the cardstock paper at the establishment or warehouse specified in the official notice of instruction, and stamped and signed by the Conaliteg warehouse; or in the case of records of receipt, the original delivery signed by a Conaliteg-authorized representative.

Product acceptance document issued with the approval of the Technical Office’s Laboratory and Quality Control Department.

Copy of the contract, only upon submittal of the first invoice. Copy of the bond with the received stamp of the Contracts Department,

only upon submittal of the first invoice.

b) Invoices from Mexican providers must comply with the fiscal requirements set forth in articles 29 and 29-A of the Federal Tax Code and send electronic invoices to the Conaliteg no later than three business days following the date on which the billing operation was carried out, and provide a printout of this document in order to process payment.

c) Invoices shall be received for review and payment at the DRF located on the first floor of Rafael Checa número 2, Colonia San Ángel, Delegación Álvaro Obregón, Ciudad de México, C.P. 01000, pursuant to their review and payment policies.

d) Providers must register in the “Beneficiary Account Catalogue of the Federal Financial Administration System”, pursuant to the official memo published on the Financial Resources section of the Conaliteg website.

e) Within 20 calendar days following submittal of the documentation, the invoice for the goods delivered to the satisfaction of the Conaliteg shall be paid by wire transfer, provided the documentation is complete. If it is not, the provider shall be advised to make the necessary corrections and start the procedure again.

3.15.2 Quotes submitted in US dollars shall be paid in Mexican pesos at the exchange rate published in the Official Gazette of the Federation on the date on which the proposals are submitted and opened and under the same conditions as the ones set forth in point 3.15.1.

3.15.3 As from January 1, 2017, the awarded bidder, if they so wish, shall ask the Conaliteg to grant them 20% of the payment of the goods of each item once it has completed the full production of each item. In this regard, it shall pay for the travel expenses of a representative authorized by the Conaliteg in order to issue a record of receipt that the awarded bidder may submit for collection with the


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Financial Resources Department, subject to disbursement of resources by the Ministry of Finance and Public Credit.

3.16. Taxes and Charges.

Any taxes, charges and tariffs incurred shall be paid by the bidder, except for VAT which shall be paid by the Conaliteg pursuant to the applicable regulations.

3.17. Tax Obligations.

The Conaliteg shall not contract any procurements with any Mexican natural persons or legal entities that are not up to date with their tax obligations, pursuant to the provisions of article 32-D of the Federal Tax Code and the applicable taxation laws.

By virtue of the foregoing, awarded bidders shall comply with the provisions of rule 2.1.31 of the Miscellaneous Tax Resolution for 2016, issued by the Ministry of Finance and Public Credit and published in the Official Gazette of the Federation on December 23, 2015, in the case of taxpayer obligations, pursuant to the provisions of rule 2.1.39 of said Resolution.

Awarded bidders must consult the opinion with the SAT and submit it to the Contracts Department by the formalization deadline.

Foreign bidders not obligated to submit a request for inscription in the RFC (Federal Taxpayers’ Register) or the notices of said registry, and which are not obligated to file periodic tax returns in Mexico shall make these statements under oath to tell the truth in a free letter to be delivered to the Contracts Department by the contract formalization deadline.

4. General.

4.1Grounds for rejecting Proposals.

4.1.1 Proof that any bidder has agreed with another bidder or other bidders to raise the prices of the goods or any other arrangement intended to provide an advantage over the other bidders.

4.1.2 If the bidder does not make modifications derived from the clarifications meeting.

4.1.3 If there are errors or contradictions in the data regarding the invitation.4.1.4 If the proposal does not comply with the provisions of point 5.4.1.5 Failure to satisfy any of the requirements specified in items a), b), c), d) or e) of

point 5.6.1.4.1.6 If the technical proposal does not include all the documents or has omitted a

requirement specified in point 5.6.2 items a), b) or c) affecting the technical proposal’s solvency.

4.1.7 If the technical proposal is insufficient for performing the corresponding evaluation or is submitted incomplete.


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4.1.8 If the information and technical characteristics of the goods offered are not the same as required in the invitation.

4.1.9 If the technical evaluation obtained is unfavorable.4.1.10 If the economic proposal does not include all the documents or has omitted a

requirement specified in point 5.6.3 items a), b) or c) affecting the economic proposal’s solvency.

4.1.11 If the bidder’s economic proposal contains variable prices.4.1.12 If the prices in the bidder’s proposal are not clear or precise.4.1.13 If the requested documents contain any erasures or modifications, or if their text,

drawings, specifications, prices, name, signature and dates have been altered.4.1.14 If the economic proposal exceeds the Conaliteg’s budget for this process.4.1.15 If the bidder is subject to any of the circumstances set forth in articles 50 and 60

penultimate paragraph of the Act.4.1.16 Noncompliance with any of the requirements set forth in the invitation affecting

their proposal’s solvency.4.1.17 If the bidder breaches any of the provisions of the Act, its Regulations or any

other legal provision in the field.4.1.18 For parties submitting joint proposals, failure to provide the details requested in

point 3.4 shall also be grounds for rejecting their proposal.

4.2. For any cases not set forth in this invitation, this process shall be subject to the provisions of the Act, its Regulations and the Civil Code for Mexico City for Local Matters and for the whole of the Mexican Republic for Federal Matters.

5. Content of the Proposals.

5.1. Bidders must submit an envelope sealed electronically via CompraNet containing the documents of their proposals, which must be prepared as follows:a) In writing on the bidder’s original letterhead, in Spanish or English, free of

any erasures or modifications.b) They must be clear and not set forth any conditions whatsoever or use any

unnecessary or unidentified abbreviations.c) Each document shall contain the federal tax code or equivalent for foreign

bidders, as well as the number of this bidding process, the date and place of issue, and the handwritten signature along with the name of the person legally authorized to provide it, as stated in the bidder’s legal standing form.

d) Each page comprising the proposal must be numbered, with the technical and economic proposals being numbered separately, as well as any other documents submitted.

5.2. Legal documents may be delivered outside the envelope. The envelope shall contain the technical proposal pursuant to point 5.6.2 and the economic proposal pursuant to point 5.6.3, in files with the termination .doc o .xls, PDF formats or, in the absence of the foregoing, in JPG or GIF image files (Version 97-2007).


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5.3. Bidders must conclude the sending of their proposals before the time of the proposal submittal and opening event specified in point 3.2.

5.4. Given that this is an electronic bidding process, bidders accept that their proposals shall be held as not submitted via CompraNet along with the documentation required in this invitation if the electronic file containing the proposals or other information cannot be opened because it has a virus or for any other reason beyond the control of the Conaliteg. The foregoing is pursuant to point 29 of the “Ruling setting forth provisions to be complied with in order to use CompraNet”.

5.5. Pursuant to point 30 of the Ruling setting forth provisions to be complied with in order to use CompraNet, if during the submittal and opening of proposals, for reasons beyond the control of CompraNet or the Conaliteg, it is not possible to start or continue with the submittal and opening of proposals, this event may be justifiably suspended until such time as the conditions for starting or resuming it are restored. For such purpose, the date and time when the event will begin or resume will be announced on CompraNet.Under the circumstances referred to in the above paragraph, the Conaliteg may check at any time that no modifications were made to the proposals in its possession during the interruption.Bidders accept that they shall be held as notified of the minutes issued once they have been made available on CompraNet, on the day each event is held, notwithstanding the fact that they may be consulted at the offices of the Conaliteg.

5.6. Documents comprising the Proposal.

5.6.1. Legal and administrative documentation that can be submitted outside the electronic envelope:a) Letter evidencing legal standing, pursuant to the provisions of Annex II

(this form is mandatory).

b) Letter in which the legal representative of the bidding company or natural person states, under oath to tell the truth, that they have sufficient powers to be bound on behalf of their principal. For such purpose, it is necessary to fill in the whole of form Annex III: letter of powers (this form is mandatory)

c) Letter in which the legal representative of the bidding company or natural person states, under oath to tell the truth, that they are not subject to the restrictions set forth in articles 50 and 60 third to last paragraph of the Act. For such purpose, it is necessary to fill in the whole of form Annex IV: Letter stating that the circumstances of articles 50 and 60 third to last paragraph of the Act do not apply. (this form is mandatory)

d) Letter in which the legal representative of the bidding company or natural person states, under oath to tell the truth, that they shall, whether on their own behalf or through an intermediary, refrain from committing any acts intended to make the Conaliteg’s public officials change or cause the


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changing of the proposal evaluations, the outcome of the process or any other aspect that could afford more advantageous conditions than for the other bidders. For such purpose, it is necessary to fill in the whole of form Annex V: Letter of integrity (this form is mandatory)

e) Free letter on company letterhead stating that they are fully aware that they are subject to the Federal Law on Anticorruption in Public Contracting, published in the Official Gazette of the Federation on June 11, 2012, and that they know the content, scope and legal consequences and will comply with this law (this form is mandatory).

f) Free letter on company letterhead stating that they have considered all the factors involved in the satisfactory delivery of the goods, as well as the specifications contained in the annexes hereto (this form is optional)

g) Free letter on company letterhead stating that they are familiar with the legal, administrative and technical provisions governing the performance and execution of the awarded contract and accept to comply with them with no reservations whatsoever, and that they have the technical, human and material resources necessary to do so (this form is optional).

Noncompliance with any of items a), b), c), d) or e) shall be grounds for rejection.

5.6.2. Technical Proposal.

This must be submitted inside the envelope and contain the following information and documentation:

a) Submittal of samples of the cardstock paper offered. Three duly identified packets of 30 letter-sized pages at the premises of the Conaliteg, Material Resources and General Services Department, no later than December 19, 2016, at 12:00 hours, so they can undergo the tests set forth in Annex VI (these samples are mandatory, and failure to submit all the samples shall be grounds for rejection).

b) A letter in which the bidder states that the quantities, places and dates of delivery shall be as requested in Annex VII (this form is mandatory).

c) Technical Proposal containing the letter of technical and legal undertakings set forth in Annex VIII (this form is mandatory).

Failure to provide the information requested in items a), b) or c) shall be grounds for rejection.

5.6.3. Economic Proposal.

This must be submitted inside the envelope in Spanish or English and contain the following information and documentation:

a) Letter on bidding company’s or natural person’s letterhead, signed on every page by the legal representative, providing a description of the goods, unit price of the cardstock paper, importation costs (as applicable) and delivery


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to the premises, VAT and the economic proposal’s total, as well as a statement that prices will be fixed, confirmed and either in Mexican pesos or US dollars. Annex IX: Economic proposal (this form is mandatory).

b) The unit and total prices of economic proposals must be submitted to two decimal places.

c) Pursuant to the provisions of Article 14 of the Public Sector Procurement, Leasing and Services Act and the Rules for Applying Preferential Price Margins for Goods of Domestic Origin, with regard to the price of imported goods, in open international contracting procedures, goods of domestic origin offered in this bidding process shall have a margin of preference of up to fifteen percent in price with regard to imported goods, for the purposes of economic comparison of proposals, to which end bidders must make any of the following statements depending on their specific case:

1) Participants offering goods of domestic origin and who want their proposal to receive the benefit of the margin of preference, as applicable, must submit as part of their economic proposal a joint letter from the participant and the manufacturer of the goods, stating under oath to tell the truth, that the goods offered by the participant comply with the provisions of article 28 section I of the Procurements Act (Official Gazette of the Federation, December 28, 2010). Participants may submit the abovementioned letter in free format or using the form in Annex X of this invitation.

2) Bidders offering imported goods covered by treaties must submit as part of their economic proposal a letter stating under oath to tell the truth that each of the imported goods offered comes from a country with which Mexico has signed a treaty, in order to comply with the rules of origin that apply to said treaties. Bidders may submit the abovementioned letter in free format or using the form in Annex XI of this invitation.

d) If, once the proposals have been opened for evaluation pursuant to the terms of article 36 of the Act, the Conaliteg finds that no goods of domestic origin are being offered pursuant to Rule 6.3 in order to apply preferential price margins for goods of domestic origin, with regard to the price of imported goods, it shall then evaluate the other proposals without considering the fifteen percent preferential margin set forth in article 14 of the Act.

e) If there are goods of domestic origin, pursuant to Rule 6.3 in order to apply preferential price margins for goods of domestic origin, with regard to the price of imported goods, all the proposals submitted by bidders will be grouped together as follows:

Group 1 (G1): Proposals that comply with Rule 6.3Group 3 (G3): Proposals that do not comply with Rule 6.3


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f) In order to evaluate the proposals, solvent proposals with the lowest price in each group indicated in the above point will be identified, and they shall be referred to as proposal G1 and proposal G3, respectively.

g) Once all the solvent proposals with the lowest price in each group have been identified, they shall be evaluated pursuant to the following:1. The comparative price of the domestic good in proposal G1 shall be

determined based on the following expression:PCBN = 0.85 (PBN)Where:PCBN = Comparative price of the domestic goodPBN = The lowest price of the domestic good offeredThe comparative price of the domestic good in proposal G1 shall be compared with proposal G3, in order to determine which proposal is successful.

h) Any arithmetical errors in the items shall be rectified as follows: if there is a discrepancy between the unit price and the total price, the unit price shall have preference and the total will be corrected accordingly. If the Conaliteg detects an error of calculation in a proposal, it may rectify it if this does not mean changing the unit price. If there is a discrepancy between amounts written in words and amounts written in numbers, the former shall have preference, and any errors identified in the requested quantities or volumes can therefore be corrected. If a bidder does not accept the foregoing, the provisions of the second paragraph of article 46 of the Act shall be applied with regard to the contract only insofar as it refers to items affected by the error, without this being grounds for imposing the penalties referred to in article 60 section I of the Act.

Failure to provide the information requested in items a), b) or c) shall be grounds for rejection.

6. EVALUATION.

6.1. The evaluation of proposals shall be based on binary assessment.

6.2. The criteria for evaluating proposals will be based on documented information submitted by bidders, pursuant to the provisions of articles 36 second paragraph of the Act and 51 of the Regulations thereof.

6.3. The evaluation will be performed by comparing in an equal manner all the conditions offered explicitly by bidders, provided such proposals comply with the requirements of this invitation and the annexes hereof.

6.4. The Conaliteg shall evaluate at least two proposals with the lowest prices per item. If they are not solvent, then the ones that follow them in price shall be evaluated.

6.5. For the purposes of paying and comparing proposals quoted in dollars, the exchange rate published in the Official Gazette of the Federation on the day of the submittal and opening of proposals shall be used. This information may be consulted by bidders on the website www.dof.gob.mx/


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6.6. Contracts shall be awarded per item to whichever bidder’s proposal is solvent because it offers the best legal, administrative, technical and economic conditions as set forth in the invitation and guarantees compliance with the respective obligations, as well as the lowest price.

6.7. Each bidder may participate in any items it chooses, with the sole restriction that it has the capacity to individually supply any of the items it participates in, so that if it submits the solvent proposal with the lowest price for several items, these will be awarded to it one by one, at the discretion of Conaliteg, until its stated delivery capacity is surpassed.

6.8. The following criteria shall be used to assess the legal and administrative documentation and the technical proposal:

Documentation submitted by bidders shall be analyzed to ensure the latter comply with the specified requirements and have the necessary legal and administrative capacity.

Technical proposals submitted by bidders shall be analyzed, and the documentation for the procurement of goods assessed. Proposals that satisfactorily guarantee delivery under the best conditions for the Conaliteg shall be deemed solvent.

The criteria shall be they COMPLY OR DON’T COMPLY.

6.9. The following criteria shall be used to assess the economic proposal:

Economic proposals from bidders that have been deemed to COMPLY with regard to legal and administrative documentation, as well as in the technical proposal, shall be analyzed. They shall be evaluated and checked to make sure they comply with the economic requirements set forth herein.

The criteria shall be they COMPLY or DON’T COMPLY.

6.10. The invitation or certain items shall be declared null and void if:

a) No bidder submits proposals.b) There is not at least one proposal eligible for technical analysis.c) If every proposal obtains an unfavorable technical evaluation.d) If none of the proposals satisfy the specified requirements.e) If the prices of the goods exceed the Conaliteg’s budget.f) In the event of acts of God or force majeure or justified circumstances that

extinguish the need to procure the goods or that could cause damage or loss to the Conaliteg were the process to continue.

7. Complaints.

Affected parties may file a complaint against any acts or resolutions of the Conaliteg passed or issued by virtue of the application of the Act and any legal regulations derived therefrom, pursuant to the provisions of articles 65 and 66 of


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the Act. Complaints may be filed at the premises of the Ministry of Public Administration, located at Insurgentes Sur No. 1735, Piso 9, Ala Sur, Col. Guadalupe Inn, Delegación Álvaro Obregón, C.P. 01020, Ciudad de México, or sent to the e-mail address www.compranet.gob.mx.

Bidders may file a complaint or report with the Internal Control Entity of the Conaliteg, located at Rafael Checa número 2, primer piso, Colonia San Ángel, Delegación Álvaro Obregón, Ciudad de México, for any noncompliance with obligations identified in their dealings with public officials, as set forth in the “RULING issuing the protocol for acts in the field of public contracting, the granting and extending of licenses, permits, authorizations and concessions”

8. Disputes.

Any disputes that arise as a result of this bidding process shall be resolved pursuant to the provisions of the Act, its Regulations and any applicable federal provisions.

9. Other Participants

Chambers, schools and professional associations, along with other NGOs and any natural person stating their wish to attend, may participate at the public events of the bidding process. Participants must register their attendance with ID and refrain from intervening at any of these events.

ULISES MARTÍNEZ AJA.DIRECTOR OF MATERIAL

RESOURCES AND GENERAL SERVICES.


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http://www.compranet.gob.mx/

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