Preliminary Draft Public Contract Code


The public comment period on the first part of the preliminary draft public contract code (PCC), which will establish the new public contract legal regime, has already commenced. Upon approval, this Code shall transpose to the internal legal system Community Directives 2004/17/EC and 2004/18/EC, repealing Decree-Laws no. 59/99, of 2 March, no. 197/99, of 8 June and no. 223/2001, of 9 August, which currently apply as far as public contract issues are concerned.

This draft code aims to gather in a sole legal document all matters regarding the preparation and implementation of public contracts, such as public works concessions and public services concessions, purchase of services and award of public works contracts, comprising, among others, the postal service sector.

Some of the fundamental principles to be established in this code include competition, transparency, equality, stability and publicity, in parallel with the simplification of rules and procedures attached to public contracts. The draft now open to public discussion provides also for the reduction and dematerialization of public contract procedures, introducing a new procedure, the competitive dialogue, and putting into consideration new contract methods, such as central purchasing bodies and electronic auctions.


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