Bill 322.

Summary.

The bill adds two articles to Law 22 of June 27, 2006 concerning the positions of director general and deputy director general. Proposed Article 14-A sets out the qualifications for holding either position. A person must be a Panamanian national and have reached thirty years of age at the time of appointment. The provision also requires a recognized university degree, at least at the bachelor’s level, in Law, Public Administration, Economics, Finance, or a field related to technological systems and processes. This must be accompanied by a diploma or specialization in Public Procurement or Public Management. The experience requirement is 5 years of work in contracting or acquisitions, preferably in the public sector.

The same article sets conditions concerning convictions and ties to State contractors. An appointee must not have been convicted by a competent authority of an intentional or negligent property-related offense, an offense related to drug trafficking or money laundering, an electoral offense, or an offense against the Public Administration. An appointee also may not be connected to companies or corporations that contract with the State. The restriction further covers a person whose relatives within the fourth degree of consanguinity or second degree of affinity are involved in those activities. These conditions apply to both positions and address qualifications at appointment through education, work history, convictions, and the person’s business and family relationships.

Proposed Article 14-B establishes a conflict-of-interest rule for the director general and deputy director general: neither may hold any economic interest in companies or services that enter into contracts with the State. This prohibition concerns the officeholders’ economic interests and supplements the condition in Article 14-A addressing connections to contracting companies or corporations. The bill therefore sets a condition for appointment to the positions and a prohibition for their holders concerning State contracting activities.

Article 3 identifies Articles 14-A and 14-B as additions to the consolidated text of Law 22 of June 27, 2006, ordered by Law 153 of May 8, 2020, governing public procurement. Article 4 provides that the proposed law would enter into force on the day following its promulgation in the Official Gazette (Gaceta Oficial). Its provisions concern the director general and deputy director general positions covered by public procurement legislation, public entities involved in contracting with the State, and the companies, corporations and service providers that participate in such contracting.