On 16 October 2015, Law No 96/2015 of 17 August 2015 came into force. It lays down the rules on the access to and use of public procurement electronic platforms, by regulating the requirements and conditions electronic platforms must comply with, the interoperability obligation and the supervisory and penalty arrangements to be applied in case of non compliance with the established legal rules.
This Law implements Article 29 of Directive 2014/23/EU, Article 22 and Annex IV of Directive 2014/24/EU, as well as Article 40 and Annex V of Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014, and repeals Decree–Law No 143-A/2008, of 25 July 2008 and Ordinance No 701-G/2008 of 29 July 2008.
For the first time, Law No 96/2015 of 17 August 2015 provides for:
• The freedom for the contracting authorities and economic operators to choose among electronic platforms
• The interconnection and interoperability between electronic platforms
• The free access to procedural documents relating to the formation of public contracts
• The technical accreditation of electronic platforms by the National Security Office (Gabinete Nacional de Segurança – GNS)
• The award of licences to the electronic platforms managing bodies by IMPIC, I.P.
• The power for IMPIC and the GNS to supervise (audit) compliance with the law
• The imposition of sanctions (administrative offences) on offenders by IMPIC, I.P.
• The use of electronic platforms makes it possible to support all types of public procurement procedures, from direct awards to open procedures, for all types of goods, services and works.
Electronic platforms provide economic operators with the following basic services:
a) Access to the procedures and the relevant documents that have been published;
b) Sending messages through the electronic platform;
c) Sending e-mail messages to all those involved in the phase of the formation of public contracts underway, whenever such communication is mandatory under the Portuguese Public Contracts Code;
d) Requests for clarification and listings of errors and omissions;
e) Submission of applications, proposals and solutions;
f) Prior hearing;
g) Complaints and objections;
h) The award decision;
i) Delivery of qualification documents;
j) Display of all messages and notices generated by the contracting authorities, to which they should have access as provided for by law.
Ordinances (to be published)