Construction: Optimism for PPP Regulation

With the proposed regulatory framework for Public-Private Partnerships in Panama, construction businessmen hope to ensure that the projects conclude with the required parameters and that the processes are transparent.

Tuesday, August 6, 2019

At the end of July, the Ministry of Finance presented a bill to modify the law regulating public contracting, which has among its objectives to take into account mechanisms that allow for price analysis, market investigations, citizen complaints, participation of civil society and the private sector, in addition to accountability, transparency, the mandatory nature of open contracting and disclosure of information.

On the specific issue of Public-Private Partnerships (PPP), the proposal creates the regime for this type of contracts, which must be approved by the Cabinet Council, an Advisory Committee and a Governing Body.

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Hector Ortega, president of the Panamanian Chamber of Construction (Capac), explained to Panamaamerica.com that "... creating a regulatory framework for the PPP ensures that the project reaches completion with the requested parameters. The works approved under the PPP contract must be planned by the State and, in addition, necessary for the population."

Luis Pimentel, president of the Panamanian Association of Real Estate Brokers and Promoters (Acobir), stated that "... these regulations guarantee that there will be a greater participation of companies and more transparency. The reform to the Public Contracting Law and the regulation to the PPP creates or gives clear rules to enter public tenders. But additionally they want to give a greater opportunity to small enterprises."

More on this topic

Free Way for PPP Law

September 2019

In Panama, in the third debate, the bill creating the Public-Private Association regime was approved, which in its latest version set limitations on companies accused of acts of corruption.

According to the text approved and awaiting the approval of the Executive, companies that are delinquent in the payment of fines for breach of contracts, will also have limitations to participate in these public concession model.

Panama: PPP Bill to Third Debate, but with Changes

September 2019

The removal of the disqualification from hiring natural and legal persons who have been sentenced for corruption is one of the most important changes made to the bill that creates the Public-Private Partnership Regime.

Although the bill has faced multiple obstacles, since a few days ago its discussion in the Assembly was suspended because workers and union sectors rejected the original bill, it was approved in the second debate, but with some changes.

PPP Law Discussion Suspended

August 2019

After the workers and union sectors rejected the bill creating the Public-Private Partnership Regime in Panama, the Assembly decided to suspend its discussion in the second debate.

Responding to the request to extend the period of consultations by a sector of the country, the plenary of the National Assembly suspended discussion of the second debate of Bill 12, which creates the Private Public Association Regime (APP) as a tool for the development of private sector investment, social and job creation, reported the government on August 27, 2019.

Energy: Tender for Fourth Line Could Change

August 2019

In Panama, the possibility of developing the Fourth Line of Electric Transmission is being analyzed under the parameters established by the Public-Private Association bill.

The public procurement process that was declared void at the beginning of the year was that the company winning the contest would have to make an investment with its resources to then operate the Fourth Line and thus recover the investment. The plan contemplated that it would later transfer the operations to Empresa de Transmisión Eléctrica (Etesa).

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