| Income Group | Upper middle income |
Watch Annual Meetings development events 
from Oct 16-19. Comment and engage with experts.Calendar of Events
Watch Annual Meetings development events from Oct 16-19. Comment and engage with experts.Calendar of Events
| Economy Score |
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| Question | PPPs |
|---|---|
| Does the regulatory framework allow procuring PPPs? | Yes |
| If yes, please specify the relevant regulatory framework and the year of adoption: | Panama does not have a standalone regulatory framework for PPPs However, Law 22 of 2006 (as last modified by Law 15 of 2... More |
| and provide a link to a government–supported website where the mentioned regulatory framework is available or provide an electronic copy of it: | www.panamacompra.gob.pa; www.asamblea.gob.pa/legispan-y-gacetas-oficiales/ |
| Are you aware of any reforms (in the regulatory frameworks – laws, regulations, policies, etc.- or in generally followed practices) related to PPPs that: Took place in 2016, are ongoing and/or are planned to be adopted BEFORE June 1, 2017? | No |
| Please describe: | n/a |
| Are ongoing and/or are planned to be adopted AFTER June 1, 2017? | Yes |
| Please describe: | In June 2016 President Varela veto the Law project 305 of 2016 and send back to Legislative Assembly for reviewing. It i... More |
| Besides national defense and other matters of national security, does the regulatory framework explicitly prohibit or restrict PPPs in any of the following sectors?: Transportation. | No |
| If yes, please provide the relevant legal/regulatory provisions: | n/a |
| Besides national defense and other matters of national security, does the regulatory framework explicitly prohibit or restrict PPPs in any of the following sectors?: Water and Irrigation | No |
| If yes, please provide the relevant legal/regulatory provisions: | n/a |
| Besides national defense and other matters of national security, does the regulatory framework explicitly prohibit or restrict PPPs in any of the following sectors?: Energy generation and distribution. | No |
| If yes, please provide the relevant legal/regulatory provisions: | n/a |
| Besides national defense and other matters of national security, does the regulatory framework explicitly prohibit or restrict PPPs in any of the following sectors?: Telecom | No |
| If yes, please provide the relevant legal/regulatory provisions: | n/a |
| Besides national defense and other matters of national security, does the regulatory framework explicitly prohibit or restrict PPPs in any of the following sectors?: Other | No |
| If yes, specify and provide the relevant legal/regulatory provisions: | n/a |
| Does the regulatory framework provide for a specific tax regime for PPP transactions (i.e. tax incentives, special tax depreciation treatment, etc.)? | No |
| If yes, please specify and provide the relevant legal/regulatory provision (if any): | n/a |
| Please identify the PPP procuring authorities in [country_name] and provide their website(s) (if available): | Each Ministry and public entity conducts its own contracting process. The authority that oversees the public contracting... More |
| In addition to the PPP procuring authorities listed above, is there a specialized government entity that facilitates the PPP program (PPP Unit)? | No |
| If yes, please indicate its name, and its website (if available): | n/a |
| If yes, what are the main responsibilities of the PPP Unit (check all that apply): PPP regulation and policy guidance. | n/a |
| PPP capacity building for other public authorities. | n/a |
| PPP promotion among the public and/or private sectors in national and international forums. | n/a |
| Technical support in implementing PPP projects. | n/a |
| Identification and selection of PPP projects from the pipeline. | n/a |
| Revision of fiscal risks born by the Government. | n/a |
| Consultation with affected communities on potential impact of PPP projects. | n/a |
| Approval of PPP projects. | n/a |
| Undertaking the procurement of PPPs. | n/a |
| Oversight of PPP implementation. | n/a |
| Other | n/a |
| please specify: | n/a |
| Please provide the relevant legal/regulatory provisions: | n/a |
| Question | PPPs |
|---|---|
| Does the Ministry of Finance or Central Budgetary Authority approve the PPP project before launching the procurement process? | Yes |
| If yes, please provide the relevant legal/regulatory provisions (if any): | Article 24 of the Law 22 of 2006 requires certification of the Ministry of Economy and Finance to enter into contracts t... More |
| Does the Ministry of Finance or Central Budgetary Authority approve the PPP project before signing the PPP contract? | No |
| If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
| Does the Ministry of Finance (or government more broadly) have a specific system of: Budgeting for PPP projects. | No |
| If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
| Accounting liabilities (explicit and implicit, direct and contingent) arising from PPPs. | No |
| If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
| Reporting liabilities (explicit and implicit, direct and contingent) arising from PPPs. | No |
| If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
| If yes to question 8.2, which of the following alternatives best describes the regulation?: Accounting and reporting according to International Public Sector Accounting Standards (IPSAS). | n/a |
| Accounting and reporting according to other international standard (e.g. European System of Accounts). | n/a |
| Please specify: | n/a |
| Other. | n/a |
| Please specify: | n/a |
| Besides the procuring authority and the Ministry of Finance or Central Budgetary Authority, does any other authority(s) approve the PPP project before launching the procurement process (e.g. Cabinet, Cabinet Committee, Parliament, Supreme Audit Office, et | Yes |
| If yes, please specify the relevant authority | PPP projects have to be developed under the Concession system should be approved by Resolution of the Cabinet. |
| and provide the relevant legal/regulatory provisions (if any): | Article 6 of the Law 5 of 1988 |
| Besides the procuring authority and the Ministry of Finance or Central Budgetary Authority, does any other authority(s) approve the PPP project before signing the PPP contract? | Yes |
| If yes, please provide the relevant legal/regulatory provisions (if any): | Article 70 of the Law 22 of 2006 requires approval of either the National Economic Council or the Cabinet depending on t... More |
| Does the procuring authority use transaction advisors during the PPP project cycle? | Yes |
| If yes, please provide the relevant legal/regulatory provisions (if any): | No regulatory basis |
| In a case comparable to the case study assumptions, please select the option that best describes the way your government integrates the prioritization of PPP projects with other public investment project prioritization? (e.g. in the context of a national | No |
| If yes, please specify and provide the relevant legal/regulatory provisions (if any): | n/a |
| The regulatory framework prescribes the need for PPPs to be consistent with all other investment priorities without establishing a specific procedure to achieve that goal. | No |
| If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
| The regulatory framework does not include any provisions but the procuring authority evaluates the consistency of PPPs with other government investment priorities in practice. | Yes |
| If yes, please elaborate: | Each authority developing its project reviews the project against its own pipeline of investments. Additionally, all pro... More |
| The procuring authority does not evaluate PPPs against existing government priorities. | No |
| Please elaborate and provide examples: | n/a |
| Based on your experience, is it always the case that this prioritization is done in practice in accordance with the provisions of the regulatory framework described above? | Yes |
| If yes, please specify: | Contributors answering the question confirmed that the prioritization of PPPs is done in consistency with government pri... More |
| If no, please elaborate: | n/a |
| Which of the following assessments are conducted when identifying and preparing a PPP in order to inform the decision to proceed with it? (check all that apply): Socio-economic analysis (cost-benefit analysis of the socio-economic impact of the PPP projec | Yes |
| Relevant legal/regulatory provision (if any) | Article 23 of the Law 34 of 2008 (Ley de Responsabilidad Fiscal) as last amended by Law 25 of 2014 requires preforming c... More |
| Is there a specific methodology for the assessment? | No |
| If yes, please elaborate | n/a |
| Is the assessment done in practice? | Yes |
| Details: | Contributors confirm that this assessment is done in practice |
| Affordability assessment, including the identification of the required long term public commitments (explicit and implicit, direct and contingent liabilities) | No |
| Relevant legal/regulatory provision (if any) | n/a |
| Is there a specific methodology for the assessment? | n/a |
| If yes, please elaborate | n/a |
| Is the assessment done in practice? | n/a |
| Details: | n/a |
| Risk identification, allocation and assessment (risk matrix) | No |
| Relevant legal/regulatory provision (if any) | n/a |
| Is there a specific methodology for the assessment? | n/a |
| If yes, please elaborate | n/a |
| Is the assessment done in practice? | n/a |
| Details: | n/a |
| Comparative assessment to evaluate whether a PPP is the best option when compared to other procurement alternatives (i.e. value for money analysis, public sector comparator) | No |
| Relevant legal/regulatory provision (if any) | n/a |
| Is there a specific methodology for the assessment? | n/a |
| If yes, please elaborate | n/a |
| Is the assessment done in practice? | n/a |
| Details: | n/a |
| Financial viability or bankability assessment | No |
| Relevant legal/regulatory provision (if any) | n/a |
| Is there a specific methodology for the assessment? | n/a |
| If yes, please elaborate | n/a |
| Is the assessment done in practice? | n/a |
| Details: | n/a |
| Market sounding and/or assessment (showing evidence of investors’ interest in the market for the project) | No |
| Relevant legal/regulatory provision (if any) | n/a |
| Is there a specific methodology for the assessment? | n/a |
| If yes, please elaborate | n/a |
| Is the assessment done in practice? | n/a |
| Details: | n/a |
| Environmental impact assessment | Yes |
| Relevant legal/regulatory provision (if any) | Title IV Chapter II of Law 41 of 1998 (General Environmental Law of Panama) establishes the process for environmental im... More |
| Is there a specific methodology for the assessment? | Yes |
| If yes, please elaborate | Executive Decree 123 of 2009 establishes the methodology and requirements of the environmental assessment |
| Is the assessment done in practice? | Yes |
| Details: | Contributors confirm that is done in practice |
| Consultation process with affected communities on potential impact of the PPP project | Yes |
| Relevant legal/regulatory provision (if any) | Article 24 of Law No. 6 of 2002 (transparency law) states that both the state and the federal government must allow the... More |
| Is there a specific methodology for the assessment? | Yes |
| If yes, please elaborate | Law No. 6 of 2002 (transparency law) requires that all projects that have an impact in private interest must have public... More |
| Is the assessment done in practice? | Yes |
| Details: | Contributors confirm that this assessment is done in practice |
| Does the procuring authority include the assessments (indicated in Question 12 above) in the request for proposals and/or tender documents (for example, as part of an Information Memorandum to the bidders)? | No |
| If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
| and specify which of the assessments are included in the request for proposals and/or tender documents: | n/a |
| Are the assessments published online? | No |
| If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
| specify the website | n/a |
| please specify which of the assessments are published online: | n/a |
| Does the procuring authority include a draft PPP contract in the request for proposals? | Yes |
| If yes, please provide the relevant legal/regulatory provisions (if any): | Article 25 subsection 9 and Article 30 of Law 22 of 2006. Article 25 establishes that the procuring authority has to inc... More |
| If no, please elaborate | . |
| Are the tender documents published online? | Yes |
| If yes, please provide the relevant legal/regulatory provisions (if any): | Second to last paragraph of article 25 of Law 22 of 2006 affirms that the consultation documents are public to any indiv... More |
| and please specify the website: | www.panamacompra.com.pa |
| In a case comparable to the case study assumptions, have standardized PPP model contracts and/or transaction documents been developed? | No |
| If yes, please specify and provide a government- supported website where the mentioned standards are available or provide an electronic copy of them: | n/a |
| In a case comparable to the case study assumptions, who is the responsible party for each of the following requirements? Obtaining the required urban permits: Procuring authority (or other Government entity) | No |
| Private Partner | Yes |
| Private partner with facilitation role assigned to the procuring authority (or other Government entity) | No |
| To be established in the contract | No |
| Relevant legal/regulatory provision (if any) | Article 15 subsection 5 of law 5/1988 states that private partners have the right to request from the procuring authorit... More |
| Obtaining the required environmental permits: Procuring authority (or other Government entity) | No |
| Private Partner | Yes |
| Private partner with facilitation role assigned to the procuring authority (or other Government entity) | No |
| To be established in the contract | No |
| Relevant legal/regulatory provision (if any) | Article 15 subsection 5 of law 5/1988 states that private partners have the right to request from the procuring authorit... More |
| Obtaining the required operational permits: Procuring authority (or other Government entity) | No |
| Private Partner | Yes |
| Private partner with facilitation role assigned to the procuring authority (or other Government entity) | No |
| To be established in the contract | No |
| Relevant legal/regulatory provision (if any) | Article 15 subsection 5 of law 5/1988 states that private partners have the right to request from the procuring authorit... More |
| Obtaining the required land: Procuring authority (or other Government entity) | No |
| Private Partner | Yes |
| Private partner with facilitation role assigned to the procuring authority (or other Government entity) | No |
| To be established in the contract | Yes |
| Relevant legal/regulatory provision (if any) | No regulatory basis |
| Obtaining the required right of way: Procuring authority (or other Government entity) | No |
| Private Partner | No |
| Private partner with facilitation role assigned to the procuring authority (or other Government entity) | Yes |
| To be established in the contract | No |
| Relevant legal/regulatory provision (if any) | Article 15 subsection 5 of Law 5/1988 states that the private partners have the right to get from the procuring authorit... More |
| Question | PPPs |
|---|---|
| Which of the following options best describes the required qualifications of the bid evaluation committee members? (Please select only one): The membership of the bid evaluation committee is specified and/or its members are required to meet detailed quali | No |
| If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
| The bid evaluation committee members require sufficient qualification without specific details. | Yes |
| If yes, please provide the relevant legal/regulatory provisions (if any): | Article 54 of Law 22/2006 states that the bid evaluation committee has to be comprised of competent professionals from e... More |
| The bid evaluation committee members are not required to have any specific qualifications. | No |
| Please elaborate and provide examples: | n/a |
| Does the procuring authority issue a public procurement notice of the PPP project? | Yes |
| If yes, please specify the means of publication and provide the relevant legal/regulatory provisions (if any): | Article 32 of the Law 22 of 2006 requires the publication of the procurement notice in the electronic portal "panobacuma... More |
| If yes, is the public procurement notice published online? | Yes |
| If yes, please specify the website: | www.panamacompra.gob.pa |
| Are foreign companies prohibited from participating in the bidding process? | No |
| If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
| In a case comparable to the case study assumptions, does the procuring authority grant the potential bidders a minimum period of time to submit their bids? | Yes |
| If yes, please provide the relevant legal/regulatory provisions (if any): | Article 33 of the Law 22 of 2006 establish different minimum periods to submit the bids depending on the object of the c... More |
| and the time in calendar days: | 40 |
| Open tendering: Available | Yes |
| Default | No |
| Relevant legal/regulatory provision (if any) | Article 42 of Law 22/2006 states that open tendering is one of the possible methods for the selection of contractors. |
| Restricted tendering (with pre-qualification stage): Available | Yes |
| Default | No |
| Relevant legal/regulatory provision (if any) | Article 51 of Law 22/2006 states that the Cabinet Council can apply restricted tendering in those cases in which the qua... More |
| Multi-stage tendering (with shortlisting of final candidate(s)): Available | Yes |
| Default | No |
| Relevant legal/regulatory provision (if any) | Available when the projects are financed by international organizations based on the provision of articles 6 and 7 of L... More |
| Competitive dialogue: Available | No |
| Default | No |
| Relevant legal/regulatory provision (if any) | n/a |
| Direct negotiation with more than one candidate: Available | No |
| Default | No |
| Relevant legal/regulatory provision (if any) | n/a |
| Direct negotiation with only one candidate: Available | No |
| Default | No |
| Relevant legal/regulatory provision (if any) | n/a |
| Other. Specify: | No |
| Available | No |
| Default | No |
| Relevant legal/regulatory provision (if any) | n/a |
| Do the tender documents detail the procedure of the procurement process providing the same information to all the bidders? | Yes |
| If yes, please provide the relevant legal/regulatory provisions (if any): | Article 25.6 of the Law 22 of 2006 requires to include in the tender documents: The circumstances of time, manner and pl... More |
| If no, please elaborate: | n/a |
| Do the tender documents specify the prequalification/shortlisting criteria (when applicable) in order to make them available to all the bidders? | Yes |
| If yes, please provide the relevant legal/regulatory provisions (if any): | Article 65 of the Executive Decree 366 of 2006 requires to include the prequalification criteria in the tender documents... More |
| Based on your experience, is it always the case that the specified criteria are respected in practice? | Yes |
| If yes, please specify and provide the relevant legal/regulatory provisions (if any): | Contributors are not aware of cases in which the specified criteria were not respected. Bidders will have legal resource... More |
| If no, please elaborate: | n/a |
| Can interested parties/potential bidders submit questions to clarify the public procurement notice and/or the request for proposals? | Yes |
| If yes, please provide the relevant legal/regulatory provisions (if any): | Article 35 of the Law 22 of 2006 regulates a "Homologation" act and meeting where the bidders can formulate reservations... More |
| If yes, notwithstanding confidential information pertaining to the bidders, does the procuring authority disclose those questions and clarifications to all potential bidders? | Yes |
| If yes, please provide the relevant legal/regulatory provisions (if any): | Article 35 of the Law 22 of 2006 requires to elaborate minutes of the "homologation" meeting to e signed by all the part... More |
| Based on your experience, is it always the case that this disclosure of information is done in practice? | Yes |
| If yes, please specify: | Contributors are not aware of cases that the afore-mentioned information was not disclosed. |
| If no, please elaborate: | n/a |
| Besides questions and clarifications, can the procuring authority conduct pre-bidding conference? | Yes |
| If yes, please specify and provide the relevant legal/regulatory provisions (if any): | Article 35 of Law 22/2006 states that for projects worth more than $175,000.00 a pre-bidding conference will be conduct... More |
| If yes, notwithstanding confidential information pertaining to the bidders, does the procuring authority disclose the content and the results of the pre-bid conference to all bidders? | Yes |
| If yes, please provide the relevant legal/regulatory provisions (if any): | Article 35 of Law 22/2006 states that the final certificate with the resolutions of the pre-bidding conference has to be... More |
| Based on your experience, is it always the case that this disclosure of information is done in practice? | Yes |
| If yes, please specify: | Document prepared by the procuring authority is distributed to the potential bidders |
| If no, please elaborate: | n/a |
| In a case comparable to the case study assumptions, does the procuring authority require the bidders to prepare and present a financial model with their proposals? | No |
| If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
| If no, please elaborate: | In certain procurement processes, financial models or information is required. However, no specific provision require al... More |
| Does the procuring authority evaluate the proposals strictly and solely in accordance with the evaluation criteria stated in the tender documents? | Yes |
| If yes, please provide the relevant legal/regulatory provisions (if any): | Article 28 of the Law 22 of 2006 requires the inclusion among the special conditions of the evaluation criteria and the ... More |
| Evaluation criteria is not set in the tender documents | No |
| In the case where only one proposal is submitted (sole proposals), which of the following options best describes the way the procuring authority deals with them? (Please select only one)?: The procuring authority follows a specific procedure before awardi | No |
| Please specify and provide the relevant legal/regulatory provisions (if any): | n/a |
| The procuring authority considers sole proposals valid as long as they meet the conditions outlined in the tender documents. | Yes |
| Please provide the relevant legal/regulatory provisions (if any): | Article 42 of Law 22/2006 states that the procuring authority will accept sole proposals when the proposal meets all the... More |
| The procuring authority does not award a PPP contract if only one proposal is submitted. | No |
| Please provide the relevant legal/regulatory provisions (if any): | n/a |
| The regulatory framework does not include any provisions. | No |
| Does the procuring authority publish the award notice? | Yes |
| If yes, please specify the means of publication and provide the relevant legal/regulatory provisions (if any): | Articles 43, 45, 46 and 48 of the Law 22 of 2006 regulating the different awarding procedures require in all cases to pu... More |
| If yes, is the public procurement award notice published online? | Yes |
| If yes, please specify the website: | www.panamacompra.gob.pa |
| Does the procuring authority provide all the bidders with the result of the PPP procurement process? | No |
| If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
| If no, please elaborate: | Article 129 of the Law 22 of 2006 considers that the publication in the electronic portal constitutes notification to th... More |
| If yes, does the notification of the result of the PPP procurement process include the grounds for the selection of the winning bid? | n/a |
| If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
| Is there a standstill (or pause) period after the contract award and before the signing of the contract in order to allow unsuccessful bidders to challenge the award decision? | No |
| If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
| and the time in calendar days: | n/a |
| Is the standstill period set out in the notice of intention to award? | n/a |
| If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
| Does the regulatory framework restrict negotiations with the selected bidder between the award and the signature of the PPP contract in order to prevent an unfair disadvantage to the other bidders? | Yes |
| If yes, please provide the relevant legal/regulatory provisions (if any): | No regulatory basis |
| Based on your experience, is it always the case that this restriction is respected in practice? | Yes |
| If yes, please specify: | Majority of contributors indicated yes |
| If no, please elaborate: | n/a |
| Does the procuring authority publish the PPP contract? | Yes |
| If yes, please provide the relevant legal/regulatory provisions (if any): | Article 74 of Law 22/2006 states that all the contracts -no matter the price- have to be published in Panobacumab (onlin... More |
| If yes, which of the following options best describes this publication (choose only one)?: Publication of the full PPP contract including all its annexes and appendixes | Yes |
| Publication of the full PPP contract without including all its annexes and appendixes | No |
| Publication of a summary of the PPP contract without publishing the full PPP contract | No |
| Publication of a summary of the PPP contract along with the full PPP contract including all its annexes and appendixes | No |
| Publication of a summary of the PPP contract along with the full PPP contract without including all its annexes and appendixes | No |
| If yes, is it published online? | Yes |
| If yes, please specify the website: | www.panamacompra.gob.pa |
| If yes, does the procuring authority also publish any subsequent amendment made to the PPP contract? | No |
| If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
| Question | PPPs |
|---|---|
| Has the procuring or contract management authority established a system to manage the implementation of the PPP contract (e.g. attributing responsibilities or establishing specific management tools)? | No |
| If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
| If yes, which of the following tools does it include (check all that apply)?: Establishment of a PPP contract management team | n/a |
| Relevant legal/regulatory provisions (if any): | n/a |
| Participation of the members of the PPP contract management team in the PPP procurement process and/or vice versa | n/a |
| Relevant legal/regulatory provisions (if any): | n/a |
| Elaboration of a PPP implementation manual or an equivalent document | n/a |
| Relevant legal/regulatory provisions (if any): | n/a |
| Establishment of personnel training programs (i.e. initial training and continued training throughout the course of the project) | n/a |
| Relevant legal/regulatory provisions (if any): | n/a |
| Establishment of a risk mitigation mechanism which considers the evolving nature of risks throughout the project lifecycle (guidelines, specific processes, insurance regime, etc.) | n/a |
| Relevant legal/regulatory provisions (if any): | n/a |
| Which of the following options best describes the required qualifications of the PPP contract management team members? (Please select only one): The membership of the PPP contract management team is specified and/or its members are required to meet detail | n/a |
| If yes, please specify and provide the relevant legal/regulatory provisions (if any): | n/a |
| The PPP contract management team members are required to meet sufficient qualification without specific details. | n/a |
| If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
| The PPP contract management team members are not required to meet any specific qualifications. | n/a |
| Please elaborate and provide examples: | n/a |
| Does the procuring or contract management authority establish a system for tracking progress and completion of construction works under a PPP contract? | Yes |
| If yes, please provide the relevant legal/regulatory provisions (if any): | Article 72 subsection 1 of Law 22/2006 states that the procuring authority will have the right to control and supervise ... More |
| If yes, is the PPP contract construction performance information made available to the public? | No |
| If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
| If yes, is the PPP contract construction performance information made publicly available online? | n/a |
| If yes, please specify the website: | n/a |
| Does the procuring or contract management authority establish a monitoring and evaluation system of the PPP contract implementation after construction? | Yes |
| If yes, please provide the relevant legal/regulatory provisions (if any): | Article 12 and 13 of the Law 22 of 2006 regulate the rights and obligations of the parties in public contracts. Article ... More |
| If yes, which of the following tools does it include (check all that apply)?: Performance is assessed against evaluation criteria set in the tender documents and the PPP contract | No |
| Relevant legal/regulatory provisions (if any) | n/a |
| The procuring or contract management authority can abate (reduce) payments for non-performance of operating obligations under the PPP contract | No |
| Relevant legal/regulatory provisions (if any) | n/a |
| The private partner must provide the procuring or contract management authority with periodic operational and financial data | No |
| Relevant legal/regulatory provisions (if any) | n/a |
| The procuring or contract management authority must periodically gather information on the performance of the PPP contract | Yes |
| Relevant legal/regulatory provisions (if any) | Art. 13.4 includes among the obligations of the procuring authority to periodically review information on the situation ... More |
| The PPP contract performance information must be available to the public | No |
| Relevant legal/regulatory provisions (if any) | n/a |
| Is PPP contract performance information made publicly available online? | No |
| If yes, please specify the website: | n/a |
| Are foreign companies prohibited from repatriating the income resulting from the operation of a PPP project? | No |
| If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
| Does the regulatory framework (including standard contractual clauses) expressly regulate changes in the ownership structure (i.e. stakeholder composition) of the private partner and/or assignment of the PPP contract? | Yes |
| If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | Article 76 of the Law 22 of 2006 regulates "assignment" (cesión) of a public contract. |
| If yes, which of the following circumstances are specifically regulated? (check all that apply): Any change in the private partner during an initial period (e.g. construction and first five years of operation). | No |
| If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
| Changes of ownership/contract assignment, at any time during the contract, must preserve the same technical qualifications as the original operator. | Yes |
| If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | According to article 76 of the Law 22 of 2006 requires that the substituting entity meets the requirements of the origin... More |
| In other cases, flexibility to change the ownership structure and/or assign the contract. | Yes |
| If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | No other restriction applies besides the one mentioned above regulated in article 76 of the Law 22 of 2006 |
| Does the regulatory framework (including standard contractual clauses) expressly regulate the modification or renegotiation of the PPP contract (once the contract is signed)? | Yes |
| If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | The Law 22 of 2006 mentions the modification of the contract as a possibility to be regulated in the contract and that m... More |
| If yes, is an approval from a government authority, other than the procuring authority, required? | Yes |
| If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | Contracts must be approved by the General Comptroller of the Republic in order to be effective, in accordance to article... More |
| If yes to question 46, which of the following circumstances are specifically regulated? (check all that apply): A change in the scope and/or object of the contract. | Yes |
| If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | According to article 77 of the Law 22 of 2006 object and nature of the contract cannot be modified. |
| A change in the risk allocation of the contract. | No |
| If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
| A change in the financial and/or economic balance of the contract. | Yes |
| If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | Article 21 of Law 22 of 2006 determines that when an economic balance clause is not expressly included in construction c... More |
| A change in the duration of the contract. | No |
| If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
| A change in the agreed price or tariff. | Yes |
| If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | Article 77 point 5 of Law 22 of 2006 states that in the case the agreement wants to be modified on a public interest bas... More |
| Can the procuring authority unilaterally modify a PPP contract? | Yes |
| If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | Article 72 subsection 2 of Law 22/2006 states that the procuring authority have the right to agree on exceptional clause... More |
| Does the regulatory framework (including standard contractual clauses) expressly regulate the following circumstances that may occur during the life of the PPP contract? (check all that apply): Force Majeure | Yes |
| If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | Force majeure is included as a potential cause for reestablishment of the financial balance (article 31 of the Law 22 of... More |
| Material Adverse government action . | No |
| If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
| Change in the Law. | No |
| If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
| Refinancing. | No |
| If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
| Subcontracting and replacement of the subcontractors. | Yes |
| If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | Article 88 of law 22/2006 states that unless the contract says the opposite, there is always the possibility of includin... More |
| Does the regulatory framework (including standard contractual clauses) allow for administrative and/or contractual complaint review mechanisms to address disputes arising from the implementation of PPP contracts? | Yes |
| If yes, please specify and provide the relevant legal/regulatory/standard contractual provisions (if any): | No regulatory basis |
| If yes, please specify which of the following options are available (check all that apply): Local administrative review body | No |
| If yes, please specify: | n/a |
| Local courts | Yes |
| Domestic arbitration | Yes |
| International arbitration | Yes |
| Investor-State Dispute Settlement (ISDS) | Yes |
| Mediation | No |
| Please provide the relevant legal/ regulatory/standard contractual provisions (if any) | No regulatory basis |
| If applicable, are arbitration awards enforceable by the local courts?: Domestic Arbitration | Yes |
| If yes, please provide the relevant legal/ regulatory provisions/standard contractual provisions (if any): | Law 131 of 2013 regulating commercial arbitration (domestic and international) and Law 5/1983 approves the New York Conv... More |
| International arbitration | Yes |
| If yes, please provide the relevant legal/ regulatory provisions/standard contractual provisions (if any): | Law 131 of 2013 regulating commercial arbitration (domestic and international). Further, law 5/1983 approves the New Yor... More |
| Investor-State arbitration | Yes |
| If yes, please provide the relevant legal/ regulatory provisions/standard contractual provisions (if any): | In 1996 Panama ratified the ICSID Convention. |
| Does the regulatory framework (including standard contractual clauses) allow for the restructuring of a PPP private partner (SPV) in financial difficulty prior to insolvency? | No |
| If yes, please specify and provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
| Does the regulatory framework (including standard contractual clauses) allow for the lenders to take control of the PPP project (lender step-in rights) if either the private partner defaults or if the PPP contract is under threat of termination for failur | Yes |
| If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | Article 24.A of the Law 5 1988 as modified by the Law 76 of 2010 indicates that the financial institutions can subrogate... More |
| If yes, which of the following options best describes the lender step-in right? (Please select only one): The regulatory framework expressly regulates the lender step-in rights. | No |
| If yes, please specify and provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
| The regulatory framework prescribes that a direct agreement should be signed with the lenders. | No |
| If yes, please specify and provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
| The regulatory framework prescribes that the lender step-in rights should be regulated in the contract. | No |
| If yes, please specify and provide the relevant legal/regulatory/standard contractual provisions (if any): | No |
| Other. | Yes |
| Please Specify: | Article 24.A of the Law 5 1988 as modified by the Law 76 of 2010 indicates that the financial institutions can subrogate... More |
| Does the regulatory framework (including standard contractual clauses) expressly establish the grounds for termination of a PPP contract? | Yes |
| If yes, please specify and provide the relevant legal/regulatory/standard contractual provisions (if any): | Breach of contract provisions, death of the contractor, bankruptcy of the contractor, physical incapacity of the contrac... More |
| If yes, does the regulatory framework (including standard contractual clauses) establish the consequences for the termination of the PPP contract? | Yes |
| If yes, please specify and provide the relevant legal/regulatory/standard contractual provisions (if any): | Article 115 of Law 22 of 2006 regulates the effect of the resolution of the contract in case of breach of contract by th... More |
| Question | PPPs |
|---|---|
| Are unsolicited proposals in [country_name]: (choose only one): Explicitly prohibited by the legal framework? (If prohibited, skip to section F) | No |
| Explicitly allowed by the legal framework? | No |
| Not regulated by the legal framework, but do happen in practice? | Yes |
| Not regulated by the legal framework, and do not happen in practice? (if not done in practice, skip to section F) | No |
| If the legal framework explicitly prohibits or allows unsolicited proposals, please provide the relevant legal/regulatory provisions | The Law 5 of 1988 of Concessions permits, due to its flexibility, to consider or award a contract to an unsolicited prop... More |
| Does the procuring authority conduct an assessment to evaluate unsolicited proposals? (if not, skip to question 37) | Yes |
| If yes, please specify and provide the relevant legal/regulatory provisions (if any | No regulatory basis |
| If yes, is there any vetting procedure and/or pre-feasibility analysis before fully assessing the unsolicited proposal? | No |
| If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
| Which of the following options best describe how the procuring authority ensures that unsolicited proposals are consistent with existing government priorities? (Please select only one): The procuring authority follows a specific procedure to ensure the co | No |
| If yes, please specify and provide the relevant legal/regulatory provisions (if any): | n/a |
| The regulatory framework requires unsolicited proposals to be among the existing government priorities without establishing specific procedures to achieve that goal. | Yes |
| If yes, please provide the relevant legal/regulatory provisions (if any): | No regulatory basis |
| The procuring authority does not evaluate unsolicited proposals against existing government priorities. | No |
| Please elaborate and provide examples: | n/a |
| Does the procuring authority initiate a competitive PPP procurement procedure when proceeding with the unsolicited proposal? | Yes |
| If yes, please provide the relevant legal/regulatory provisions (if any): | No regulatory basis |
| Does the procuring authority grant a minimum period of time to additional prospective bidders (besides the proponent) to prepare their proposals? | Yes |
| If yes, please provide the relevant legal/regulatory provisions (if any): | No regulatory basis |
| and the time in calendar days: | n/a |
| Does the procuring authority use any of the following incentive mechanisms to reward/compensate the presentation of unsolicited proposals? (check all that apply): Access to the best and final offer (BAFO) process and/or automatic shortlisting. | No |
| Developer’s fee (reimbursing the original proponent for the project development cost). | No |
| Bid Bonus. | No |
| Swiss challenge (If unsuccessful, the original proponent has the option to match the winning bid and win the contract). | No |
| Other. | No |
| Please specify: | n/a |
| Please provide the relevant legal/regulatory provisions (if any): | n/a |