(Latest Revision: January 2021) - Panama Canal

Transcription

IMPORTANT NOTICE:Spanish is the official language of the Agreements issued by the Panama Canal Authority Board of Directors. The Englishtranslation is intended solely for the purpose of facilitating an overall understanding of the content of the original versionfor the benefit of those persons who do not speak Spanish.Furthermore, this document is a compilation of the Agreements issued regarding a specific Regulation. Its sole purpose isto facilitate quick access to updated information. Therefore, for official purposes, please refer to the specific Agreement inits Spanish version.COMPILATION OF THE ACQUISITION REGULATIONOF THE PANAMA CANAL AUTHORITY 1(Latest Revision: January 2021)CHAPTER I . 5General Provisions and Definitions . 5Section One . 7General Provisions . 7Section Two . 8Modification and Implementation of the Regulation . 7Section Three . 7Formal and Legal Control . 7Section Four . 8Definitions . 8CHAPTER II .11The Contracting Authority and its Delegation .11CHAPTER III.12Conflicts of Interests and Improper Practices .12Section One .12Rules of Conduct .12Section Two .12Improper Practices .13CHAPTER IV .13Preparation for Contracting .13Section One .13The Administrative Unit .13Section Two .13Acquisition Planning .13Section Three .14Market Study .14Section Four .14The Tender Document .15CHAPTER V .16Competition Requirements .16Section One .16Promotion of Full and Open Competition .16Regulation approved by Agreement No. 24 of October 4, 1999 and later amended by Agreements No. 30,31, 33, 34,44, 48, 49, 54, 60, 61, 67, 79, 86, 104, 107, 133, 136, 137, 142, 143, 150, 153, 157, 159, 165, 166, 168, 174, 193, 212,223, 252, 285, 322, 331, 338, 350, 354, 363, 378, and 379.1Working document for information use only. For official purposes, please refer to the specific Agreement in its Spanish version.Page 1 of 67

Section Two . 16Contracting Excepted from and Open Competition . 16CHAPTER VI . 18Announcements and Publications . 18Section One . 18Disclosure of Programs. 18Section Two . 19Notice and Publication of Contractors Selection . 19CHAPTER VII . 19Impediments, Qualification and Prequalification . 19Section One . 19Impediments . 19Section Two . 21Qualification . . 21Section Three 21Pre-qualification . 21CHAPTER VIII . 24Purchasing Procedures. 24Section One . 24General Considerations. 24Section Two . 24Procedure . 24Section Three . 25Agreements Based on Price Lists . 25CHAPTER IX. 26Tendering Processes . 26Section One . 26General Considerations. 26Section Two . 28Public Tenders Based on the Lowest Price . 28Section Three . 29Negotiated Tenders . 29Section Four. 31Negotiated Tenders Based on the Lowest Price. 31Section Five . 32Negotiated Tenders Based on Best Value . 32Section Six . 33Two-Step Tender . 33Section Seven . 33Reverse Negotiated Solicitation at the Price of the Lowest Bidder . 33Section Eight. 34Non-Negotiated Tender on Best Value . 34CHAPTER X . 36Resolution of Conflicts . 36Section One . 37Interpretation of Contracts . 37Section Two . 37Protests . 37Section Three . 40Controversies Related to Contracts. 40Working document for information use only. For official purposes, please refer to the specific Agreement in its Spanish version.Page 2 of 67

CHAPTER XI . 40Guarantees and Bonds . 40Section One . 40Tender Bonds. 40Section Two . 41Performance and Payment Bonds . 41Section Three . 42Bonds for Advance Payments . 42Section Four. 42Types of Guarantees . 42Section Five . 42Effecting and Voiding Guarantees . 42Section Six . 43Other Guarantees and Insurance . 43Section Seven . 43Particular Risks . 43CHAPTER XII . 43Delays and Defaults . 43Section One . 43Performance of the Contract . 43Section Two . 44Delays by the Authority . 44Section Three . 44Default and Delay by the Contractor . 44CHAPTER XIII . 45Contract Administration . 45Section One . 45General Principles. 45Section Two . 47Rights and Responsibilities of the Parties . 47Section Three . 49Perfection of the Contract . 49Section Four. 49Auditing of Contractor and His Contract-Related Documents . 48Section Five . 50Contract Records . 50Section Six . 50Assignment of Contracts. 50Section Seven . 50Nullity of Contract Actions and Contracts. 50Section Eight. 51Modifications . 51Section Nine . 52Quality Control and Contract Inspection . 52Section Ten . 53Duration of Contracts . 53CHAPTER XIV . 53Payments . 53Section One . 53Payment to Contractors. 53Working document for information use only. For official purposes, please refer to the specific Agreement in its Spanish version.Page 3 of 67

CHAPTER XV . 55Availability of Information . 55CHAPTER XVI . 56Debarment of Contractors . 56Section One . 56General . 56CHAPTER XVII . 58Special Services . 58Section One . 58General Provisions . 58Section Two . 58Special Services Contracting Procedures . 58Chapter XVIII . 61Disposition and Sale of Excess Property. 61Section One . 61General Provisions . 61Section Two . 61Sale of Excess Movable Property . 61CHAPTER XIX . 62Administrative Termination of Contracts . 62Section One . 62General Conditions . 62Section Two . 63Administrative Termination of the Contract by Unilateral Decision of the Authority . 63Section Three . 64Administrative Termination of the Contract for Reasons Attributable to the Contractor . 64AGREEMENT No. 30 (December 16, 1999) . 65Working document for information use only. For official p

Spanish is the official language of the Agreements issued by the Panama Canal Authority Board of Directors. The English translation is intended solely for the purpose of facilitating an overall understanding of the content of the original version for the benefit of those persons who do not speak Spanish.