On April 16, a decree was published in the Official Diary of the Federation establishing the new Law on Acquisitions, Leases, and Services of the Public Sector. This new regulation encompasses significant advancements in various aspects, such as the digitization of contracting processes, transparency, the promotion of environmental sustainability, and the encouragement of contracting with small and medium enterprises, among others.
One of the relevant aspects of the new law is the inclusion of a mechanism for challenging violations committed by public officials throughout the contracting process, as well as the incorporation of alternative mechanisms for resolving disputes between bidding entities and federal government contractors. This strengthens the legality in public contracting by allowing the Anti-Corruption and Good Governance Secretariat to impose measures for the suspension or annulment of illegal processes.
However, concerns arise about how this legality control process could affect the implementation of budgets in areas responsible for the oversight of acquisitions, leases, and public services. It is essential to consider that the effectiveness of the honest exercise of the budget is linked to acts of good governance that must be preserved.
Furthermore, the importance of the intervention of judges from the Federal Administrative Justice Tribunal and the federal amparo courts is highlighted as autonomous justice bodies, which have the final word in challenge processes.
The modernization of public contracting is a significant advance, although it is anticipated to see how it influences budget management. It is crucial to ensure the effective participation of State audit bodies before the execution of contracts to guarantee legality and honesty in the processes.
