Evaluation of constitutional principles of public procurement. Legislation of the State of Chihuahua

Abstract

Derived from the evaluation of the principles of article 134 of the Constitution of the United Mexican States governing public procurement in the areas of acquisition of goods, leases and contracting of services, through the procedures of direct award and invitation to at least three suppliers provided for in the Law on Acquisitions, Leases and Procurement of Services of the State of Chihuahua and its Regulations 2019, it is obtained that the state legislation referred to above, it does not comply with the principles of impartiality, efficiency and effectiveness as regards the invitation procedure to at least three suppliers, and as regards direct award, the principles of economy, efficiency, effectiveness and impartiality are not demonstrated, considering the latter procedure, as not regulated, the above, under a theoretical analysis derived from Robert Alexy, when defining the principles as optimization mandates. This problem leads to purchases lacking quality, probity, price subjectivity, discretion, not risk management, and possible corruption in the government procurement system, a series of recommendations are issued, on the basis of the comments issued by the Organization for Economic Cooperation and Development, which serve as a contribution to our State regulations, in order to comply fully with the above-mentioned constitutional obligation.