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Special Public Procurement Measures 

by Diogo Duarte Campos, João Lamy da Fontoura

Published: October, 2020

Submission: November, 2020

 



A. Introduction and sequence


The final vote on Draft Law 41/XIV was held on 16 October and the new law establishes special public procurement measures and amends both the Public Procurement Code and the Code of Procedure in AdministrativeCourts.


Given the number, releva nce a nd depth of the amendments introduced by the approval of the draft law, we are now assessing the new special public procurement measures and the amendments to the codes mentioned above will be addressed later on.


Indeed, among the changes now introduced, there is a set of what are called special measures, the objective of which is to simplify and speed up public procurement procedures.


These special measures do not apply to the formation of any public contract. Their main focus is on contracts dealing with the implementation of projects financed or co-financed by European funds – projects whose implementation is often considered to be hampered for purely procedural reasons. However, the measures also cover other areas, that are deemed to be in a greater need of swifter governmental action.


The measures approved are various and asymmetric, but we can identify three main sets of them:


  • Measures applicable to (1) projects financed or co-financed by European funds and which also apply to projects for (2) housing and decentralisation, (3) information and knowledge technologies, (3)health and social support, (4) implementation of the Economic and Social Stabilisation Programme and (5) implementation of the Recovery and Resilience Plan;
  • Measures applicable to fuel management arrangements in the context of the Integrated Rural Fire Management System (Sistema de Gestão Integrada de Fogos Rurais - “SGIFR”);
  • Measures applicable to the acquisition of agri-food goods.

B. Special measures applicable to projects financed or co-financed byEuropean funds that can be extended to other areas


Scope


The first set of measures identified is the one that applies to projects financed or co-financed by European funds for housing and decentralisation, information and knowledge technologies, health and social support, and implementation of the Economic and Social Stabilisation Programme and the Recovery and Resilience Plan.


Taking into account the areas covered and, where applicable, the types of eligible projects and/or contracts and other relevant characteristics, concerning the duration of the measures or the requirement for government intervention, the scope of these measures is as follows:


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