Public Procurement Review of Mexico's PEMEX
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OECD Public Governance Reviews Public Procurement Review of Mexico’s PEMEX ADAPTING TO CHANGE IN THE OIL INDUSTRY This work is published under the responsibility of the Secretary-General of the OECD. The opinions expressed and arguments employed herein do not necessarily reflect the official views of OECD member countries. This document and any map included herein are without prejudice to the status of or sovereignty over any territory, to the delimitation of international frontiers and boundaries and to the name of any territory, city or area. FOREWORD – 3 Foreword In an economic environment characterised by historically low oil prices, oil and gas companies such as Petróleos Mexicanos (PEMEX) face tremendous challenges in maintaining and improving their productivity. In a sector where 40 cents of every dollar earned is spent on raw materials and services, procurement systems are central to a company’s competitiveness. Alongside strategies to maximise value creation, procurement frameworks are needed to safeguard the company from mismanagement and corruption. Furthermore, fierce competition among international oil companies requires flexible and agile frameworks to unlock the innovation potential of the market and develop sustainable and strategic alliances. Following an initial evaluation of PEMEX Corporate Governance and Board arrangements in 2010, and taking into account the 2015 OECD Recommendation on Public Procurement, the report Public Procurement Review of Mexico’s PEMEX: Adapting to Change in the Oil Industry reviews progress made by PEMEX in its procurement function since Mexico’s 2013 Energy Reform, which opened up the state- controlled oil and gas sector to competition. As a result, the company’s procurement function went from a decentralised to a centralised structure to maximise its purchasing power, develop a homogeneous process, facilitate planning, advance the professionalisation of the procurement workforce and implement a comprehensive supplier management framework. The OECD was invited by PEMEX to review the governance and effectiveness of the recently adopted procurement structure (Procura) in light of good international practices. This report assesses the alignment of different, yet complementary, dimensions of procurement, such as organisations, strategies, people and tools in key areas from governance to integrity and procurement strategies, including supplier relationships. Strategic decisions and changes made by top management in PEMEX’s 2017-21 Business Plan, in response to recent market evolutions and legislative reforms, have made the company better aligned with its competitors. The positioning of the procurement function in PEMEX’s organisational structure and the streamlining of procurement processes allow for synergies between business and procurement practices. Efforts to develop robust integrity strategies have led to an ambitious ethics and integrity programme. That said, the effective implementation of these changes calls for structured and co-ordinated actions throughout the company and its suppliers. The report acknowledges the actions taken by PEMEX to implement OECD policy recommendations. In particular, the company has developed the Electronic System for PEMEX Procurement (SISCEP), which is a platform for more comprehensive e- procurement and improves simplification and transparency. In addition, PEMEX has significantly expanded the use of different procurement procedures and reduced direct awards: the contract amounts procured in April–August 2016 through direct awards represented only 23% of the total, compared to 81% in 2015. PUBLIC PROCUREMENT REVIEW OF MEXICO’S PEMEX: ADAPTING TO CHANGE IN THE OIL INDUSTRY © OECD 2017 4 – FOREWORD This report puts forward recommendations for the effective implementation of transformational reforms, such as: continuing corporate governance reforms in line with OECD guidelines and international good practices standardising and upgrading procurement data and information systems professionalising the procurement function maximising competition in tender procedures, limiting further the use of direct awards establishing an effective and coherent integrity framework inviting suppliers to adhere to the values and principles of PEMEX’s Code of Conduct and to develop their own integrity standards developing a policy on whistleblower protection and allowing anonymous reports of wrongdoing completing PEMEX’s suppliers assessment framework to maximise competition and innovation. The OECD remains committed to supporting PEMEX in fulfilling its mission to create value, improve competitiveness, and overcome energy market challenges so that the company can contribute to a better standard of living for Mexico’s population. Angel Gurría OECD Secretary-General PUBLIC PROCUREMENT REVIEW OF MEXICO’S PEMEX: ADAPTING TO CHANGE IN THE OIL INDUSTRY © OECD 2017 ACKNOWLEDGEMENTS – 5 Acknowledgements Under the direction and oversight of Rolf Alter, OECD Director for Public Governance and Territorial Development, and János Bertók, Head of the Public Sector Integrity Division, this review was co-ordinated by Jacobo Pastor García Villarreal, Senior Policy Analyst, with the support of Paulo Magina, Head of the Procurement Unit, and Julio Bacio Terracino, Deputy Head of the Public Sector Integrity Division. The authors of the different chapters include Angelos Binis, Matthieu Cahen, Jacobo Pastor García Villarreal, Petur Matthiasson, and Giulio Nessi. The company Vazquez Nava Consultants provided the inputs to draft the chapter on review and remedy system of procurement decisions. Valuable comments were received from Hans Christiansen and various staff members from PEMEX. Editorial assistance was provided by Thibaut Gigou and Julie Harris. Anaisa Goncalves, Pauline Alexandrov, and Alpha Zambou provided administrative assistance. The OECD expresses its gratitude to PEMEX for its fruitful co-operation and leadership, in particular Director General, José Antonio González Anaya; Director of Corporate Administration and Services, Carlos Alberto Treviño Medina; Operative Director of Procurement and Supply, Miguel Ángel Servín Diago; former Director General Emilio Lozoya Austin; and former Director of Corporate Procurement and Supply, Arturo Henriquez Autrey, and the entire PEMEX procurement team and all the departments involved in this process. Ambassador Dionisio Pérez-Jácome Friscione, José Poblano, and Maya Alejandra Camacho Dávalos, from the Permanent Delegation of Mexico to the OECD, were instrumental in supporting the OECD in this project. This review is part of a series of governance reviews in OECD and G20 countries. It benefited from input provided by senior officials from Mexico’s Economic Competition Commission, the Superior Audit Body, the Ministry of Energy, the Ministry of Public Administration, the Office for Digital Strategy of the Presidency, as well as PEMEX’s suppliers and business chambers, who participated in the domestic debates in Mexico City. This report incorporates information shared during two OECD workshops on transparency and integrity in public procurement, which took place on 2-5 February 2016 in Mexico City and Villahermosa. Special thanks to PEMEX and its officials for the support in organising and carrying out these workshops. The OECD is also grateful to the lead reviewers who participated in the domestic debate: Stefan Hoffmann-Kuhnt, President and Managing Director, Pohlmann & Company Canada; Dale Evans, Director of the @oneAlliance, Anglian Water Alliance; Robert Gielisse, Public Internal Control Consultant; and Jorge Díaz Padilla, Chair of the Integrity Management Committee and former President, International Federation of Consulting Engineers (FIDIC). The OECD Mexico Centre, under the leadership of Roberto Martinez, and the staff in charge of publications, notably Alejandro Camacho, were instrumental in co-coordinating the editorial process for the Spanish publication. PUBLIC PROCUREMENT REVIEW OF MEXICO’S PEMEX: ADAPTING TO CHANGE IN THE OIL INDUSTRY © OECD 2017 TABLE OF CONTENTS – 7 Table of contents Acronyms and abbreviations ............................................................................................................ 11 Executive summary ........................................................................................................................ 13 Key findings ................................................................................................................................ 13 Key recommendations ................................................................................................................. 14 Part I. Implementing the right procurement framework in Petróleos Mexicanos (PEMEX) . 17 Chapter 1. Strengthening the structure and governance of Petróleos Mexicanos’ procurement function .................................................................................................. 19 Corporate governance of Petróleos Mexicanos (PEMEX) .......................................................... 20 PEMEX’s organisational structure .............................................................................................. 25 The normative framework for procurement in PEMEX ............................................................. 28 Procurement structure and governance as a result of recent reforms .......................................... 32 Centralisation .............................................................................................................................