Nov 21, 2022 12:41
1 yr ago
37 viewers *
Spanish term

Acto Público

Spanish to English Law/Patents Law: Contract(s) Licitación en Panamá
I know this has been asked before, but I haven't found anything suitable for the context of an invitation to tender in Panama. I thought for a while that this as "invitation to tender" but then Licitación Pública" appeared in this same document.

"proveniente de Estados a los cuales se le aplican medidas de retorsión conforme a la Ley Nº 48 de 26 de octubre de 2016, no superará el diez (10%) del valor total del ***acto público**** o contratación pública de que se trate, o el diez por ciento (10%) del valor anual de dicho acto público o contratación pública, si ésta es de naturaleza renovable o recurrente, en cada periodo para el cual sea renovado o extendido."

Proposed translations

+3
1 day 7 hrs
Selected

public tender

It clearly means public invitation to tender:
http://jurisis.procuraduria-admon.gob.pa/GLOSARIO/acto-publi...

So how is this different from contratación/licitación pública? I think they're synonyms. There are also several ways of saying it in English: tender, invitation to tender, call for bids, request for bids...

So you could either translate multiple Spanish terms as one English one, or use synonyms.
Peer comment(s):

agree patinba
49 mins
agree AllegroTrans
23 hrs
agree Jessica Crotti
2 days 13 hrs
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4 KudoZ points awarded for this answer. Comment: "Thanks to everyone"
3 hrs

public bid opening meeting or session or act

public bid opening meeting or session or act

(preferably the first hereinabove option rendered as public bid opening meeting)

Conduct Bid Opening Meeting | SpringerLink
https://link.springer.com › chapter
A public bid opening meeting is used in competitive bidding situations. It follows a standardized format intended to demonstrate fairness and integrity in the bidding process and an absence of favoritism.

Receiving and Opening Bids | UCOP
https://www.ucop.edu › volume-5 › vol-5-chapter-6
A public bid opening conducted by the Facility is one the fundamentals of the competitive bidding process. The bid opening process starts after the receipt of bids and concludes when the bids are collected for further evaluation.

Public Bid Opening Definition | Law Insider
https://www.lawinsider.com › dictionary › public-bid-o...
Public Bid Opening means the opening of bids at the appointed time in the presence of the Director and at least one (1) witness.

The Bid Opening and Award of the Contract - BidNet
https://www.bidnet.com › resources › business-insights
The bid opening can be a short or long process, depending on how many bids are submitted and the length of the bid proposal form. Each bid is opened one by one ...

Construction Terms & Definitions | Pierce County, WA
https://www.piercecountywa.gov › Construction-Terms-...
Bid Opening: Stage in project advertisement process where sealed bids, received by prospective bidders (Contractors) are opening and examined by the County.

Construction File: Public Bid Openings for Online Bidding
https://bccassn.com › uploads › 2016/09 › constru...
PDF
transparent requirements of a public bid opening the following minimum ... Internet viewing sessions shared on a bidder's computer using software or a ...

Standard Document for International Public Bidding
https://adquisiciones.bcie.org › user_upload › Sta...
DOC
28.1, Once the deadline for the submission of bids has closed, the Contracting Party shall carry out the public act of receipt and opening of the bids, ...
Peer comment(s):

neutral AllegroTrans : It seems to me this is a document, not a meeting
2 hrs
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1 day 8 mins

Open Contracting Award /as a matter of public record/

Acto Público : act witnessed by a notary public, court clerk(,) or other public officer, in his or her capacity as such > Butterworths.

Not an Acta Pública, so neither really a document, nor does it help to claim this is a synonym contratación pública.

That apart, we have to dig deep into our recollection of auction ceremonies in Anglo-American contract law and routinely a baffling question on sale of goods exam questions.
Example sentence:

Sealed bids or proposals are not public records until opened.

Open Contracting Description: The total value of this award.

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Reference comments

34 mins
Reference:

Refs.

https://www.lexology.com/library/detail.aspx?g=596b7bb8-8d14...
Legislative framework

Relevant legislation
What is the relevant legislation regulating the award of public contracts?

The main legislation is Law 22 of 2006, which regulates public procurement (the Public Procurement Law), as amended by Law 61 of 2017. Further regulation of Law 22 of 2006 was implemented by Executive Decree 366 of 2006.

Additional legislation of relevance includes:

Executive Decree 188 of 2009, which regulates contractor selection procedures through PanamaCompra, Panama’s electronic public procurement system;
Law 38 of 2000, which establishes the framework for administrative proceedings;
***Law 48 of 2016, which establishes retaliatory measures for countries discriminating against the Republic of Panama;***
Law 16 of 1992, which establishes privatisation proceedings; and
Law 1 of 2001, which regulates the acquisition of medicines, supplies and medical equipment, by the Social Security Administration.

Public Procurement Law specifically states that the following principles shall govern public tenders: equal treatment, transparency and competition, among others previously stated.

[...]

The Public Procurement Law states that public servants may not celebrate, by themselves or through interposed persons, contracts with the entity in which they work, or participate in as owners, partners or shareholders of the company or as administrators, managers, directors or legal representatives of the bidder in a public tender.


https://www.centralamericadata.com/en/article/home/Panama_Ch...
Panama: Changes to Law on Public Procurement
In addition to forbidding the participation of companies whose representatives have committed crimes against the public administration, a proposal has been made to eliminate hidden costs in tenders and modify the advance payment bonds to the companies awarded contracts.

The bill amending the Public Procurement Law 22 was prepared by the Ministry of Economy and will be presented to the Cabinet on 19 January, and then submitted for discussion to the National Assembly. One of the new features in it is the elimination of the hidden prices in tenders for best value with separate evaluation.

See also: "Panama: Convicts May Sell to the State"

With regard to the advance payment bonds, "... it is established that this mechanism" guarantees reimbursement of a certain sum of money paid as an advance to the contractor .'" Prensa.com reports that "...This deposit, will in no case be less than 100% of the amount advanced, and will be valid for the main period and an additional period of 30 subsequent calendar days until its maturity. It is also indicated that in no case may the contracting state entity make advance payments exceeding 20% ​​of the total contracted amount. "
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26 mins
Reference:

Public session / ceremony

See previous entry. I think either public session / public ceremony would work here, though you would probably need to add "specified / announced in"
https://www.proz.com/kudoz/spanish-to-english/law-contracts/...

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Note added at 2 hrs (2022-11-21 14:49:33 GMT)
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@Phil: Yes, I'm aware it doesn't say "specified in" - it says "del", and you could say "of the" in the English no problem (in the sense of "belonging to"). I just think "specified in" makes it clearer and sounds more natural in English.
Peer comments on this reference comment:

neutral philgoddard : This doesn't fit the context.//But it doesn't say "specified in".
43 mins
Why not? "10% del valor total del acto público o contratación pública" = "10% of the total value specified in the public session or public contract" / See note added above
neutral AllegroTrans : I fail to see how this can refer to a session or ceremony, it's clearly a document
1 hr
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1 day 8 hrs
Reference:

Official definition of acto publico

Procedimiento administrativo por el cual el Estado, previa convocatoria pública, selecciona entre varios proponentes, ya sean personas naturales o jurídicas y en igualdad de oportunidades, la propuesta o las propuestas que reúnen los requisitos que señalan esta Ley, los reglamentos y el pliego de cargos.

Artículo 2, Ley 22 de 27 de junio de 2006
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