Following up on our March newsletter No. 5, on April 8, 2025, the Ministry for Anti-Corruption and Good Government declared the nullity of the entire public tender for the 2025–2026 consolidated procurement of medicines, coordinated by BIRMEX, and ordered the procedure to be restarted based on a new market investigation.

The resolution declaring nullity was based on irregularities detected by the Ministry, mainly due to breaches of the tender terms and formal errors during the process, including:

• Inconsistencies in the minimum bid percentages established in the call and its annexes.
• Improper fiscal and technical requirements imposed on
• Irregularities related to requirements involving exclusive rights or

Additionally, the same resolution highlights that:

• All previously issued supply orders will be honored, as well as requests for purchase orders.
• The rights of awarded companies will be respected, and institutions must pay for all products that have been delivered and accepted.
• In cases where no overpricing was identified, a new direct award will be given to the previously selected supplier.

• In cases involving pricing irregularities, a new bidding process will be carried out to determine a new awardee.
• Current contracts will be terminated early to allow for the new procedure. However, until such termination occurs, contracts must be fulfilled to avoid
• Awards made by direct assignment were not affected by this

The decision does not identify or sanction any specific company, nor does it affect their right to participate in future tenders. However, sanctions against government officials or companies cannot be ruled out in the future.

Companies that consider themselves affected may challenge the resolution. However, as this is a general measure that impacts all awarded companies equally, legal challenges are considered unlikely to succeed.

At OLIVARES, we are closely monitoring this development and remain available to assist our clients in preparing for the new process, evaluating whether to challenge the resolution, and ensuring regulatory compliance in an increasingly rigorous environment.