COVID-19 Regulations: FAQs – General Directorate of Public Procurement

[vc_row][vc_column][vc_column_text]By Adolfo Gonzalez-Ruiz – Associate

1. Is the General Directorate of Public Procurement (DGCP) working?

DGCP had closed its offices as of March 23^rd, but they maintain a telephone support service at (507)515-1500. Additionally, you can send written inquiries to the following emails:

Customer Service: info@dgcp.gob.pa.

Policies and Purchase Management Directorate: conveniomarco@dgcp.gob.pa

Legal Directorate: legal@dgcp.gob.pa

Contractor´s Selection Procedures Supervision Directorate: fiscalización@dgcp.gob.pa

Exceptional Procurement Procedure Directorate: dipec@dgcp.gob.pa

2.  Any law or decree has been published related to Public Biddings?

The Ministry of Health, through article 9 of Executive Decree No. 507 of March 24^th, 2020, ordered the suspension of all deadlines within administrative proceedings pursued by various institutions. Following Executive Decree No. 507 of March 24^th, 2020, the DGCP published Resolution No. DGCP-056-2020 of March 26^th, 2020, ordering the suspension of the deadlines stipulated in the Single Text of Law 22 of June 27^th, 2006, ordered by Law 61 of September 27^th, 2017, for the different stages of the contractor selection procedure currently in progress.

Subsequently, the Ministry of Health amended Article 9 of Executive Decree No. 507 of March 24^th, 2020, by means of Executive Decree No. 513 of March 27^th, 2020, including exceptions to the suspension in the case of contractor selection procedures that have passed the proposal stage, carried out for the contracting of works, purchases of equipment, hospital supplies, medicines; and other goods, services or items, which have passed the proposal stage.

By means of Executive Decree No. 534 of April 16^th, 2020 a new Article is added to Executive Decree No. 507 of March 24^th, 2020, adding Article 9-A whereby the suspension of deadlines of administrative proceedings does not apply in procurement procedures of the Ministry of Health, the Social Security Institution (CSS) and all their agencies.   whose purpose is the ordinary operation of the health system.

In relation to the Pre-Contractual or Contractual formalities convened for the acquisition of services or works, described in the previous paragraph, the formal requirements for participation may be temporarily adjusted, by reason of the Procedures Handbook issued by the DGCP.

For the purposes of the provisions of Article 9 of Executive Decree 534 mentioned above and when necessary, it is the responsibility of the Ministry of Health to reactivate the operation, activity and mobility of the awarded bidders, who so require in accordance with what is established in numeral 34 of Article 2 of Executive Decree 507 of March 24^th, 2020. This numeral deals with specific companies whose reactivation are authorized by the Ministry of Health by means of a resolution, for their operation, activity, and mobilization.

3.  Is it possible to carry out requests online?

Yes, DGCP is processing online requests related to certification of registered shares, claim action filings and Registration of Bidders on the web page of “PanamaCompra”.

4.  Is it allowed to file claims against public procurement proceedings before the DGCP? How do you file a Claim Action?

Yes, it is allowed to file a Claim Action online against the public acts in progress.

The procedure to file a Claim Action is the following:

• You must send an e-mail to fiscalización@dgcp.gob.pa where you must attach the claim action, power of attorney and evidence, legibly and following the formalities provided by Law.
• The email must have as subject heading: Filing of Claim Action.
• As of the date of sending the e-mail, the DGCP shall proceed with the publication of the claim action and the term for the admission or non-admission of such claim shall start counting.
• In the event that it is admitted, the bidding entity has a period of 3 working days counted from the day following the publication of the resolution to submit the Conduct Report.
• The other procedures established by law are followed.

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