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ARTICLES

LEGAL RESOURSES

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$ 17.26

    • ARTICLE 53: BIDDING PROCEDURE TO OBTAIN THE CONCESSION AS A CONTROLLED PREMISES

     

    The concessions referred to in article 14, third paragraph of the Law (LA: Art. 14), will be granted by bidding, in accordance with the following: (RGCE 2022: Regla 2.3.1)

  • The Service Tax Administration (Servicio de Administración Tributaria) (RLA: Art. 1) will issue the corresponding public announcement so that, within a period of up to two months, proposals are presented in sealed envelopes, which will be opened on the day indicated in said announcement and in the presence of all participants who have attended;

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  • The announcement will be published simultaneously in the Official Journal of the Federation (Diario Oficial de la Federación), in a newspaper of wide national circulation and in another of the corresponding federative entity;

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  • The bidding rules will include the criteria with which the winner will be selected taking into account the quality of the proposed service, the investments committed, the volumes of operation, the prices and rates for the user and the other conditions that are considered convenient for the provision of the service;

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  • Participants must prove their moral solvency, economic, technical, administrative and financial capacity, in terms of the requirements established by the Service Tax Administration (Servicio de Administración Tributaria) for such purposes;

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  • The Service Tax Administration (Servicio de Administración Tributaria), based on the comparative analysis of the accepted proposals, will issue the duly founded and motivated decision, which will be made known to all participants.

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    The winning proposal will be available to the participants for ten days after the decision has been announced;

     

  • Within fifteen days following the end of the period indicated in the previous section, participants may disagree with the Service Tax Administration (Servicio de Administración Tributaria), in terms of the procedure established for that purpose in the announcement itself, which must consider at least the following conditions:

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  • The disagreement will be presented in writing, with its evidence and allegations, before the Customs Authority that carried out the bidding process;

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  • In the nonconformity all kinds of evidence will be admitted, except the confessional of the authorities. The request for reports to administrative authorities regarding facts recorded in their files or documents added to them shall not be considered included in this prohibition;

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  • When any of the evidence offered is not accompanied, the Customs Authority will require the dissatisfied to present it within a period of five days, counted from the day after the notification of the respective requirement takes effect, if it does not present them within said term, they will be considered as not offered;

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  • The Customs Authority may obtain the means of evidence it deems necessary and will agree on the admission of the evidence offered, within ten business days following that in which they were received. Shall only discard the evidence when they were not offered according to law, are not related to the substance of the matter, are unnecessary or contrary to morality;

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  • The relief of the offered and admitted tests will be carried out within a period not less than five days nor more than fifteen days, counted from its admission. If evidence is offered that warrants further relief, the interested party shall be granted a period of not less than eight days or more than fifteen days for that purpose;

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  • Supervening evidence may be submitted provided that the final resolution has not been issued, and

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  • Once the evidence has been completed, a resolution will be issued within five days, and

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  • Once the resolution has been issued, the concession will be awarded, and the respective title will be published in the Official Journal of the Federation (Diario Oficial de la Federación) at the expense of the concessionaire.

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    The concession will not be awarded when the proposal (s) presented do not comply with the contest rules. In this case, the contest will be declared void and a new announcement will be issued.