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PUBLIC PROCUREMENT

12/05/2021 Public Procurement

Changes to the Code of Public Contracts and the Code of Procedure in Administrative Courts

We inform you of the changes to the Public Contracts Code and the Code of Procedure in the Administrative Courts, already promulgated by the President of the Republic, and awaiting publication in the Portuguese Official Gazette.

In order to respond to the concerns raised by the President of the Republic, the new version of the diploma now provides that contracts whose value does not require prior inspection must be sent to the Court of Auditors within 10 days after its conclusion. With regard to the composition of the new independent monitoring and inspection commission, it is now expected that it will consist of three members appointed by Parliament , one by the Prevention and Corruption Council and one by the IMPIC, with the members' incompatibilities being reinforced.

In this article you will find information on:

  • New special public procurement measures applicable to contracts aimed at the execution of projects financed or co-financed by European funds, the promotion of public housing, the purchase of computer equipment or services, the rental or purchase of movable goods and works in the sector health and social support, and the promotion of interventions integrated into the Economic and Social Stabilization Program or the Recovery and Resilience Plan;
  • Amendments made to the Public Contracts Code: measures to prevent and combat corruption, obligation to include a financial schedule in the procedures for entering into public works contracts or concessions, forecasts for abnormally low prices, possibility of drawing lots, the subject to the Prior Audit of the Court of Auditors, the waiver of presentation of certain documents for companies registered in the National Portal of State Suppliers, the contract in computerized support, and new rules for simplified right adjustment;
  • The changes introduced to the Code of Procedure in the Administrative Courts: distribution of pre-contractual litigation processes and reduction of the deadline to respond to the request for lifting the suspensive effect of the lawsuit.
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