Summary.
The bill amends Article 85 of Law 22 of June 27, 2006, which governs public procurement, as consolidated by Law 153 of 2020. The revised provision would allow state entities to procure goods, services, or works through the special emergency procurement procedure when the Cabinet Council (Consejo de Gabinete) declares an emergency. The Cabinet resolution declaring the emergency and authorizing the procedure would have to state the total amount authorized for special contracts and the period in which those contracts could be made. Entities could use the procedure only within that period and until their contracts collectively reach the authorized amount.
For emergency purchases of water and food intended for immediate consumption, the bill would dispense with the requirement to provide bonds. In those cases, the contractor would have to guarantee through the contract, to the procuring entity, its obligation to answer for defects in the goods purchased. The contract would also have to provide for an initial payment of forty percent (40%) to the contractor. The balance would be paid as the acquisition of goods and services or the execution of the works progresses. These payment and liability provisions would form part of the rules for contracts made under the special procedure.
If the required goods could not be supplied on the local market, state entities would be authorized to buy them from foreign companies. Those companies would then have to register in the Bidders Registry of the Electronic Public Procurement System, “PanamáCompra.” Once the period stated in the Cabinet resolution ends, each procuring entity would submit a detailed report on the contracts made to the Cabinet Council. That report would be published in the Electronic Public Procurement System, “PanamaCompra,” no later than five business days after its submission to the Cabinet Council.
Purchased goods that have not been consumed or used would have to be made available to the National Civil Protection System (Sistema Nacional de Protección Civil) of the Ministry of Government (Ministerio de Gobierno), or to the Social Assistance Directorate of the Ministry of the Presidency (Ministerio de la Presidencia). Before using the special procedure, entities would also have to consult the virtual store and check whether it includes the products or services required to address the emergency. Article 4 restates the amendment to Article 85; Article 5 assigns implementation by regulation to the Executive Branch (Órgano Ejecutivo); and Article 6 provides for entry into force on the day after publication in the Official Gazette (Gaceta Oficial).
The bill concerns the Cabinet Council, the National Civil Protection System, the Ministry of Government, and the Presidency (Presidencia), as well as procuring state entities, suppliers of goods and services, foreign companies, and works contractors.
What it proposes.
- Public procurement during emergencies declared by the Cabinet Council.
- Conditions for the special emergency procurement procedure.
- Contract reports, publication, and disposition of unused goods.
Who it would affect.
- Procuring state entities.
- Contractors supplying goods, services, or works.
- Foreign companies supplying goods.
Key points.
- The Cabinet resolution declaring the emergency and authorizing the special procedure would state the total authorized amount and the contracting period.Art. 1
- Bonds would not be required for water and food purchased for immediate consumption, but the contractor would guarantee liability for defects in the goods.Art. 1
- The contract would provide for an initial payment of forty percent (40%) and subsequent payments according to progress in the acquisition or works.Art. 1
- Entities could purchase goods unavailable on the local market from foreign companies, subject to subsequent registration in “PanamáCompra.”Art. 1
- Entities would submit a contracting report to the Cabinet Council, for publication no later than five business days after submission.Art. 1
- Unused goods would be placed at the disposal of the specified institutions, and entities would consult the virtual store before using the special procedure.Art. 1
- The bill restates the amendment to Article 85 and assigns its implementation by regulation to the Executive Branch.Arts. 4-5
- The proposed law would enter into force on the day after its publication in the Official Gazette.Art. 6