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a contract with a private party. In such a case, the applicable Mexican law has establishedseveral situations in which the ministry or governmental agency that seeks to contractmay choose not to engage in a bidding process, but instead to issue an invitation to executea contract or a direct award. 3Among the most relevant situations in which an invitation to contract may be made toat least three persons are the following:a) When it is intended to purchase a specific brand of good that is only sold or distributedby specific distributor(s);b) In the case of consulting, advice, or research services;c) In the case of specialized equipment or chemical or biological substances necessaryto carry out research;d) In the case of used goods;e) When the contract can only be executed with specific parties because it is forworks of art or patent ownership;f) When due to a natural disaster the failure to contract has the potential to affectpublic services or public safety or the health of the nation;g) When it is urgent to contract, and therefore there is not enough time to carry outa bidding process;h) When, in the case of goods or services, two bidding procedures have been declarednull, or in the case of public works, a single bidding procedure has been declared null;i) When in regards to contracts for the design and manufacture of prototypes, if thetests of such prototypes are satisfactory, a contract for the production of at least 20percent of the needs of the agency or entity will be formalized within a term ofthree years;j) In the case of acquisitions of goods and services relative to the operation of nuclearfacilities.279Government AcquisitionsIn summary, the fact that these are the only situations in which contracting by invitationto at least three persons or by direct award may be chosen, all supported by a justifiedreason, shows the exceptional nature of these two forms of contracting.2.3. Direct AwardsIn contrast to a public bid and an invitation to at least three persons, in the case of thedirect award of a contract, there is no competition among the possible contractors. Thusthe state must be much more cautious when choosing the party with which to contract.Regardless, the instances in which a direct award procedure can be carried out are the__________3When this invitation procedure has been selected, it must be carried out with at least three parties.

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