Besides, Birmex asked suppliers to be requested in case of signing contractssuch as the opinions of compliance with the SAT, IMSS and Infonavit and the individual health records, even when two companies presented a joint offer. The parastatal warned that the laboratories that did not meet this requirement would be discarded.
“When establishing requirements that lack legal support (they are limited to free participation and concurrence,” is indicated in the 190 -page document.
No clear response to suppliers
The irregularities contained in the rules of the tender generated hundreds of doubts among the participants. Birmex responded but without clarity or precision. Sometimes, he even gave contradictory information. In many cases he replied that the questions were not related to the call, annexes, or referred to consult the current legislation.
“Do not give clear and precise answers to the requests for clarifying the bidders in the clarifications, constitutes an illegality that affects the contracting procedure,” is explained in the investigation.
Besides Birmex gave contradictory instructions on the minimum amount that each supplier had to propose for a type of medication. In the call he pointed out that it should be 100% of the amount while in the technical annex he said it was enough with 30% of the total. The investigation indicates that this generated uncertainty among the bidders.
“And it allows the convening the subjective evaluation of compliance with these requirements, which limits the free participation, concurrence and economic competition,” it is indicated in the trade.
(Photo: Special)
They do not investigate the failure
The investigation of the Anti -Corruption Secretariat fell short, because it did not include the revision of the failure, the stage that contained the most serious signaling: lto allocation of overpricing contracts.
The health authorities and President Claudia Sheinbaum reported in March that they had identified the allocation of Birmex contracts to companies that proposed the highest costs for 175 types of medicines (6% of the total). These agreements were an overrah of 13,000 million pesos.
President Sheinbaum also pointed out that there was collusion between laboratories and officials to limit competition. That is why they ordered the investigation.
However, the investigation focused on the first steps of the procedure: the publication of the call, the technical annexes and the clarification board (where the suppliers expose their doubts). The bidding ruling was not evaluated or documented how Birmex assigned overpricing contracts. Nor does he detail why the parastatal rectified the failure four days after issued.
During the investigation, dozens of laboratories sent writings to the Anti -Corruption Secretariat with complaints related to the ruling, but were not attended.
“The ruling has many inconsistencies in the assignments. Birmex was going to have to answer for all these disagreements. That, in legal and administrative terms, was going to be very expensive. So what is decided is to throw the tender,” adds one of the participants.
The main claims of a group of companies were that, although they offered the best price, they did not win the contracts. They indicated that Birmex improperly awarded a bidder whose economic proposal exceeded 10% of the lowest offered price.
Due to the above, companies assured that the ruling was illegal because it discarded proposals without explaining the reasons; that an improper assessment of the proposals was made and providers were awarded whose proposals were not solvents or who failed to comply with the calls of the call.
“Responsibilities must be demarcated by the aforementioned violations,” the companies demanded.
Among the companies that disagreed are:
- Jayor Laboratories
- Plarre house
- Zeyco dental alloys
- Dankel Medical
- Medical DL
- Gabame
- Moravi Group
- PISA Laboratories
- Zeyco Laboratories
- Natural Health II
- Sanofi Pasteur
- Vantage Integral Health Services
- Essays and sieves from Mexico
However, the inspector argued that her complaints were related to a different or subsequent act, that is, the ruling, which was not analyzed in the present investigation. So he declared them “unattainable” and “inoperative.”
“The awards made by the convening (Birmex) are not the subject of analysis in this ex officio intervention,” he justified.
(Photo: Daniel Augusto/Cuartoscuro)
The head of the Anti -Corruption Secretariat, Raquel Buenrostro, explained that this investigation is “the first part” and aims to “review how the procedure was given.”
“Some irregularities were observed and that is why the nullity of the procedure was declared,” he said on April 10.
He added that, in parallel to this investigation, another is carried out – which is still open – to end responsibilities to public officials.
All investigations are going to be exhausted and all those responsible are going to proceed, either in the administrative or criminal route, or both, what results ”,
Raquel Buenrostro, anti -corruption secretary
Resolution
The investigation verdict orders Birmex to replace the tender and cancel the contracts that were signed, although the Government will pay the supplies already delivered to the hospitals. Birmex had until April 21 to meet the resolution. He gave notice of nullity on April 10 and some health institutions have already presented the corresponding notifications. For example, the IMSS has already announced the cancellation of all contracts for the consolidated purchase 2025-2026.
The Ministry of Health said that the procedure will be replaced as follows: Suppliers who gained awards without cost overrun will be reallocated directly. On the other hand, the supplies contracted will be auctioned among the bidders to determine the new winner.
In addition, President Sheinbaum reported that an emerging purchase will be made to acquire four oncological medications that are urgent.
“All this delays, all this forces emerging purchases or extensions of contracts, to make extraordinary decisions,” says a source close to the procedure.
Sanctions and responsible
The Anti -Corruption Secretariat canceled the purchase almost three months after the issuance of the Falló, on January 13. The tender continued that the investigation was already carried out for irregularities, According to the Government, to avoid a greater shortage of medicines, which is recorded in hospitals of several states in the country.
There are still no sanctions or criminal complaints have been filed, but goodrostro and Sheinbaum have promised that responsibilities will be completed to the officials involved and that they will be disabled, They will fine or cancel contracts to the pharmaceuticals indicated.
There is disqualification of the company, that is, the company’s medication cannot be hired, or there is the fine that corresponds or, simply, the contract is canceled “,
Claudia Sheinbaum, president of Mexico
(Photo: Special)
For now The director of Birmex, Iván Olmos, was suspended from his position, and instead assumed The position of the former federal deputy of Morena, Carlos Ulloa.
According to Sheinbaum, the Director of Administration and Finance, the Logistics Director, the Planning Director and other Birmex officials were also separated from his position.
“All those who were involved, whether directly or indirectly with this process, which was not clear and that there was collusion with some private pharmaceutical companies, were separated from their position,” Sheinbaum said on April 10. “We are not going to allow any collusion with any official,” he added.
