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Accessory Sanctions

The final decisions on the application of the accessory sanctions provided for in Article 460 of the PCC are published on this Portal and remain here for the whole period of disqualification.

To date there are no records on accessory sanctions for publication.

Code of Public Contracts

The pre-contractual procedures are represented in the flowcharts below. Overall, these flowcharts illustrate the main procedural phases, without highlighting specific details that may be involved in each procedure. Accordingly, they cannot substitute the consultation of the Public Contracts Code (PCC).

 

Direct award – normal regime

What is a direct award?

Direct award is a pre-contractual procedure whereby the contracting entity directly invites one or more entities of its   choice to submit a bid. The PCC also allows the contracting entity to   invite one entity only and establishes no limit to the number of entities to   be invited.

 

Open tender procedure

What are the main changes to the open tender procedure

This procedure is no longer of a public nature. On the one hand, because it has been dematerialized, and, on the other, because only the contractor must submit qualification documents. In the case of contracts for the lease or purchase of movable property or for the purchase of services, the contracting entity may use the electronic auction, thus allowing bidders to progressively improve their bids. In the case of contracts for public works concessions and public service concessions, the contracting entity may adopt a negotiation phase.

 

 

What is the threshold value for contracts awarded following a tendering procedure (either open or restricted)?

If the contract notice is published only in Portugal, only contracts with a value below the EU thresholds (EUR 5,225,000 for public works contracts; EUR 135,000 for the purchase of goods and services, if by the State; EUR 209,000 for the purchase of goods and services, if by any other contracting entity) can be concluded. If the notice is also published in the Official Journal of the European Union, contracts can be of any value.

Open tender procedure – special regime

What is an urgent open tender procedure?

In an emergency, the PCC provides for the possibility of using an ultra-quick procedure to award a contract for the lease or purchase of movable property or for the purchase of frequently used services, provided that the contract value does not exceed the EU thresholds (EUR 135,000 if the contracting entity is the State and EUR209,000 for any other contracting entity). The minimum deadline for submitting tenders in an urgent open tender procedure is 24 hours (based on working days only). This type of procedure requires the contract to be awarded to the lowest-price tender.

 

Restricted tender procedure

What is the threshold value for contracts concluded under tender procedures (either open or restricted)?

If the contract notice is published only in Portugal, only contracts with a value below the EU thresholds (EUR 5,225,000 for public works contracts; EUR 135,000 for the purchase of goods and services, if by the State; EUR 209,000 for the purchase of goods and services, if by any other contracting entity) can be concluded. If the notice is also published in the Official Journal of the European Union, contracts can be of any value.

Negotiation

When can the negotiated procedure be used?

According to the PCC, the use of a negotiated procedure is limited to those cases permitted by the EU directives and provided for in its Article 29.

 

Competitive dialogue

When can the competitive dialogue be used?

This new procedure was introduced by EU legislation and can be used only for particularly complex contracts, where the contracting entity needs to enter into a dialogue with potential tenderers in order to establish the specifications. The PCC regards as particularly complex those contracts for which it is objectively impossible to determine:

a) the appropriate technical solution,
b) the technical resources best suited to achieve the solution, and
c) the legal or financial structure inherent in the contract to be awarded.

Design contest

What is a design contest?

A design contest is a special   procedural instrument that enables a contracting entity to select one or more   design works – such as preliminary studies or the   like – in the fields of arts, country planning, town planning,   architecture, civil engineering or data processing. As a rule, the design   contest takes the form of an open tender procedure, although the restricted procedure may be adopted if   an   assessment of the tenderers’ technical capacity is necessary. Following a design contest - and provided that it has expressly   manifested that intention - the contracting entity may subsequently use a direct   award, pursuant to Article 27(1)(g) of the PCC, to purchase any plans, projects or other conceptual creations that are intended to implement or develop the work or works and that have been selected within the framework of the contest.