Public Purchases: Advances and Changes in the Law


News from Panama / Wednesday, February 26th, 2020

The restriction on hiring individuals who have been convicted in the five years preceding the public act of committing crimes is part of what is contemplated in the bill that is about to be approved in the first debate in Panama.

The new Public Hiring Law is in its final phase to be approved, in first debate, in the Commerce Commission, informed the National Assembly last February 12.

See “Panama: Changes in Contracting Law

The official statement says that “… From the consensus, it is established that national companies participating in tenders of up to five million dollars will have preference. As for national products, goods and services, local companies will have a preference of up to 5% more than foreign ones. It also provided for penalties for crimes that may be incurred by public officials during public bidding events.

If the current initiative is approved, corrupt companies will not be able to benefit from contracts, since natural persons who have been sentenced by the courts for committing crimes against the public administration, the economic order, collective security, economic assets and the public faith will be unable to participate in the selection processes.

An article in Prensa.com explains that “… If the text is maintained as approved in the first debate, persons and companies that have reached agreements of judicial collaboration or penalty agreements, where they recognize the commission of crimes against public administration; against the economic order, crimes against collective security; crimes against the economic patrimony; and crimes against the public faith, will not be able to participate in public tenders either.

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