Bill 158.

Summary.

The bill adds Article 14-A to the Consolidated Text of Law 22 of June 27, 2006, establishing requirements for appointment as director general or deputy director general in the field of public procurement. The same conditions would apply to both positions. An appointee must be a Panamanian national and must have reached thirty years of age at the time of appointment. The proposed provision therefore makes eligibility depend on circumstances that must be present when the appointment takes place.

For education, Article 14-A requires a recognized university degree, at least at the level of a bachelor's degree in Law, Public Administration, Economics or Finance. The person must also hold a diploma or specialization in Public Procurement or Public Management. The article further calls for 10 years of work experience in procurement or acquisitions, preferably in the public sector. These education and experience requirements apply to each of the two positions covered by the proposed addition.

The same article excludes a person convicted by a competent authority of an intentional or negligent property-related offense, an offense connected with drug trafficking or money laundering, an electoral offense, or an offense against Public Administration. It also requires recognized moral standing. Regarding connections with contractors, an appointee must have no ties to companies or corporations that contract with the State and must have no family members within the fourth degree of consanguinity or second degree of affinity involved in those activities. The provision thus addresses both the appointee's own ties and the specified family connections.

Article 2 adds Article 14-B to the same Consolidated Text. Addressing conflicts of interest, it prohibits the director general and deputy director general from having any economic interest in businesses or services that enter into contracts with the State. This prohibition applies to holders of those positions, while Article 14-A sets out the conditions for their appointment. Both additions concern the relationship between those officials and state procurement activity.

Article 3 identifies the addition of Articles 14-A and 14-B to the consolidated text of Law 22 of June 27, 2006, as ordered by Law 153 of May 8, 2020, which governs public procurement. Article 4 provides that the proposed law would take effect on the day following its promulgation in the Official Gazette. The subject matter concerns public entities responsible for state procurement, as well as companies, corporations and service providers that contract with the State.