Caiado Guerreiro, Sociedade de Advogados
Portugal:
Exceptional Measures To Facilitate Public Procurement In The Health Sector In Portugal
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Go, go, go! Portugal has approved exceptional and temporary
measures in the context of the Coronavirus – COVID 19, which
include exceptional rules for Public Procurement aimed at the
Health Sector.
What is this about?
It is all about simplifying and speeding-up the procedures
associated to the purchases that are needed in response to the
COVID-19 disease. Direct awarding of contracts is generally
authorised, and the threshold for simplified direct awarding of
contracts is raised to €20.000,00, with derogations on the
repeated direct awarding to a specific supplier.
What is it for?
The procedures for awarding of public contracts aimed at
satisfying the specific needs of the awarding entities in relation
to prevention, containment, mitigation and treatment of the
COVID-19 disease, as well as the return to a normal life following
such epidemy, are all comprised in this exceptional regime.
Purchase of goods & services and execution of works are
typical situations to which this exceptional regime can apply.
Who can use it?
State companies, State administration and, with some
adjustments, local municipalities can resort to this exceptional
regime. Public hospitals, the Ministry of Health, the Regional
Health Administration and others are therefore included.
Can awarding entities make advance payments to
contracted parties?
Awarding entities may make advance payments on account of future
deliveries or on account of preparatory or accessory acts, without
the limitations normally in place (e.g. the 30% of the purchase
price limitation).
Can awarding entities make purchases outside of
mandatory framework contracts?
Normally the entities that are part of the National System of
Public Purchase have to make their purchases in the context of
centralized framework agreements where those centralized framework
agreements exist, a Governmental authorisation being required for
those entities to release themselves from such obligation. This
requirement to ask for prior authorisation seems to have been set
aside, meaning that the purchasing entities appear to be free to
release themselves from their framework agreements.
Do these contracts need to meet publicity requirements
before entering into force?
The awarded contracts can produce their effects immediately,
publicizing being done subsequently.
Are these contracts subject to prior screening from the
Court of Audits?
No, the contracts encompassed by this exceptional regime shall
produce their effects immediately, including as regards payments,
with no need for prior screening by the Court of Auditors.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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