Framework

The new Code of Public Contracts (CPC) approved by Decree-Law no. 18/2008 of 29 January results from the transposition into Portuguese national legislation of Directives 2004/18/EC and 2004/17/EC, both of the European Parliament and the Council of 31 March 2004. This code entered into force on 30 July 2008.

The CPC governs the rules on public procurement (Part II), with application to the formation of public contracts, setting out how awarding authorities enter into such contracts, regardless of their designation and nature.

Moreover, the CPC has also enacted a standardisation and systematisation of the substantive provisions of administrative contracts, to which the rules of Part III apply.

Under the terms of article 2, paragraph 1 of the CPC, awarding entities are the State, the Autonomous Regions, local authorities, public institutes, public foundations (with some exceptions), public associations and associations of which one or more of such public legal persons are part (provided that the association concerned receives majority funding from, is under the management control of, or has internal administrative, management or supervisory bodies with a membership of over 50 per cent derived from such public legal persons or person).

In accordance with paragraph 2 of the same article, awarding entities are also those legal persons which, irrespective of whether they are public or private in nature, have been set up to serve the needs of the general interest, without commercial or industrial character (whose economic activity is not subject to the logic of the market and free competition), which receive majority funding from one of said entities and which are under their management control or which have internal administrative, management or supervisory bodies with a majority membership derived from such public legal persons or person.

The procedures of the CPC apply to the formation of any and all contracts which the above entities enter into, covering the typical provisions of contracts with respect to:

i) execution of public works, ii) concession of public works , iii) provision of public services, iv) lease or acquisition of goods; and v) acquisition of services.

ANACOM is an awarding authority under said article 2 of the CPC, whereby the provisions of this legislation apply directly to it.

Following the publication of EC Regulation No. 1177/2009 of 30 November (amending Directives 2004/17/EC, 2004/18/EC and 2009/81/EC) new values have been established (with effect from 01 January 2010) with respect to certain works contracts, supply contracts and service contracts and contracts governing the lease or acquisition of goods. This legislation is directly applicable, whereby the publication of transposing legislation is not required.

Wishing to meet the legal requirements established by the new CPC, ANACOM discloses all the information which it is important to make available in respect of public procurement, including details of procedures, procedural clarifications and corrections, clarification on the proposals and authorising documents submitted by the contractors.

The area also gives access to the list of tenders launched by ANACOM and allows their progress to be followed from the date of their approval until the completion of the procedure.

Further information:

O portal das compras públicas http://www.anacom.pt/disclaimer_links.jsp?contentId=624263&fileId=258213&channel=graphic&backContentId=624263

ANCP - Agência Nacional de Compras Públicas, E.P.E. http://www.anacom.pt/disclaimer_links.jsp?contentId=624263&fileId=621359&channel=graphic&backContentId=624263

Portal da base: Código dos Contratos Públicos Online http://www.anacom.pt/disclaimer_links.jsp?contentId=624263&fileId=621439&channel=graphic&backContentId=624263