Mexico: New Rules for the consolidated purchase of drugs and medical devices for 2025-2026

12 Dec 2024    2 minute read
Sectors Healthcare & Life Sciences

In brief

The consolidated purchase for drugs and medical devices in Mexico for the public health sector has gone through important changes over the last year. On 22 December 2023, the Federal Executive published a Decree in the Official Gazette of the Federation ("DOF") instructing a Mexican company owned by the Federal Government, that aims to develop, produce, import and market vaccines, phabotherapeutics and diagnostic kits, Laboratorios de Biológicos y Reactivos de México, S.A. de C.V. ("Birmex"), to consolidate all public procurement procedures of medical supplies for Instituto Mexicano del Seguro Social ("IMSS"), Instituto de Seguridad y Servicios Sociales de los Trabajadores del Estado ("ISSSTE"), and Servicios de Salud del Instituto Mexicano del Seguro Social para el Bienestar ("IMSS-BIENESTAR") among other public health institutions in Mexico. It is expected that, after a series of modifications to the rules for the public procurement of drugs and medical devices that are in process (the "Rules"), the consolidated purchase of drugs and medical devices for 2025-2026 will begin in the following weeks. 

Contents

What does this mean for you?

Based on the most recent decrees and guidelines published in the DOF, the consolidated purchase of medical products 2025-2026 is expected to proceed as follows:

  • Birmex will conduct the consolidated purchase of drugs and medical devices in favor of IMSS, ISSSTE and IMSS-BIENESTAR. However, the consolidated purchase will now also include National Health Institutes, Referenced Federal Hospitals and other institutions that adhere to BIRMEX's consolidated purchase, with the contribution from the Ministry of Health, specifically from the Vice Ministry of Integration and Development of the Public Health Sector (the "Vice Ministry").
  • Birmex, as consolidating entity, will oversee the acquisition, reception, transportation and warehousing of drugs and medical devices. The Vice Ministry, as coordinating entity, will plan the consolidated purchase and prepare a requirement assessment of the institutions that adhere to the consolidated purchase, prior to delivering the request of the required drugs and medical devices to Birmex.
  • Birmex shall be also entitled to conduct the procurement procedures for the acquisition of medical products on Saturdays, Sundays and public holidays of October, November and December 2024 and January 2025.
  • The Government's Consolidated Purchase Platform for the Health Sector (https://compraconsolidada.salud.gob.mx/) (the "Consolidated Purchase Platform") will serve as the main tool to allow a more efficient procurement process for drugs and medical products.

In detail

  • Note that as of this date the "Procurement Opportunities" access in the Consolidated Purchase Platform has not been enabled yet.
  • Constant modifications to the Rules may have resulted in inconsistencies with the Law of Acquisitions, Leasing and Services of the Public Sector, its Secondary Regulations and other related administrative regulations.
  • The implementation of the consolidated purchase by Birmex could impacts international trade agreements ratified by Mexico that include chapters of government procurement. Trade agreements may have excluded certain countries from participating in the public procurement processes of public health institutions such as IMSS and ISSSTE. However, this exclusion might no longer apply if Birmex is the new consolidating entity in charge of the public procurement of health supplies in the country.

For more information or to discuss the broader legal and commercial implications of these developments, please feel free to contact us.

* Manuel Rodriguez-Balleza, Law Clerk FTE, contributed to this alert.

Contact Information
Erik Gutierrez-Zuniga
Partner
Mexico City
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erik.gutierrez-zuniga@bakermckenzie.com
Carla Calderón
Associate
Mexico City
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carla.calderon@bakermckenzie.com

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