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PUBLIC PROCUREMENT

Some guidelines on public procurement procedures in Portugal

Public Procurement and State Aid Centre

27-05-2014

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The Agency, P.I. is a public institute with special regime, integrated in the indirect state administration, with administrative and financial autonomy and its own assets.

It integrates the Presidency of the Council of Ministers, under superintendence and supervision of the Cabinet member responsible for the regional development.

MissionRegional development policy coordination and the overall coordination of European structural and investment funds.

Attributions under the cohesion funds

• National coordination of ERDF, CF, ESF• Dialogue with the European Commission• Certifying authority and paying entity• Audit of transactions

The Cohesion and Development Agency, P.I.

April 2014

Body Unit Centre

Statutory Auditor

Advisory Council

Directive Council

Quality Planning and Management

Legal Support and Litigation

IS ESF

IS ERDF/CF

Information Systems

Financial Management

Planning and Development

Control

ESF Audit

ERDF and CF Audit

Control and Audit

Regional Policy

Institutional Management

Human Resources

Financial and Capital

Resources

Certification ESF

Certification ERDF and CF

Control of Expenditure Statements

CertificationERDF/CF Coordination

Monitoring Programs

Communication and

Documentation

Strategic Evaluation

and Monitoring

Evaluation

Monitoring

ESF Coordination

Monitoring Programs

Financial Programming

Financial Flows

Monitoring of the Partnership

Agreement

Territorial Studies and

Policies

Procurement and State Aid

IS PA

Territorial Cooperation

Simplification measures

The Cohesion and Development Agency, P.I.

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Procurement and State Aid Centre

Core competencies on public procurement

• To support all Agency units on public procurement subjects;

• To promote European rules and procedures amongst managing authorities.

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The Public Contracts Code – PCC

The course Portugal has taken began on 29 January 2008, with the publication of decree-Law nº 18/2008, which approved the Public Contracts Code (PCC).

Amongst other innovative measures, the PCC established the following requirements:

• Dematerialization of procedures (paper must be replaced by electronic means)

• Procedural simplicity• Shorter deadlines and improved competition• Transparency• Efficiency

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Contracting authorities

Scope of the PCC

Contracting authoritiesTRADITIONAL PUBLIC

ADMINISTRATIVE SECTOR(nr 1 of art. 2 of the PCC)

“BODIES GOVERNED BY PUBLIC LAW” (nr 2 of art. 2 of the PCC)

 

Central government authoritiesAutonomous regions Local authorities Public institutes Public foundations Public associationsAssociations to which one or more traditional public administrative sector entities belong and that are majority-financed by them, are subject to their management control or have an administrative, managerial or supervisory board the majority of whose members are directly or indirectly appointed by them.

Legal persons that, independently of whether they are of a public or private nature,

(i) Have been created specifically to meet needs in the general interest, not having an industrial or commercial character, which do not operate in a free competition market and

(ii) Are majority financed by entities of the traditional public administrative sector or are subject to their management control or have an administrative, managerial or supervisory board the majority of whose members are either directly or indirectly appointed by such entities.

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Contracts subsidised - PCC (article 275.º)

The scope is extended to apply public procurement rules to the formation of the following contracts:

• public works contracts,• service provisions associated with public works contracts,

that must fulfil these criteria:

• public financing, more than 50%;• contract value greater than or equal to the Community thresholds (5.186.000

EUR, for public works contracts; 207.000 EUR, for supply and service contracts).

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Thresholds Amounts – EU Directives

Public works contracts 5.186.000€

Supply contracts and service contracts agreed by central government authorities  

134.000€

Supply contracts and service contracts agreed by other contracting authorities 207.000€

Supply contracts and service contracts agreed in the context of the special sectors of water, energy, transport and postal services

414.000€

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Contract Value / pre-contractual procedures – PCC

  Contracting authorities - PCC Contracts subsidised

Type of procedure Article 2  

Nr. 1 Nr. 2 Article 275

Direct Agreement

Simplified Regime ≤ 5.000 EUR

Adequate degree

of advertisement

< 204.000 EUR

(Supply or service contracts)

 

With invitation of one

or more entities

> 5.000 EUR

< 75.000 EUR

(Supply or service contracts)

> 5.000 EUR

< 150.000 EUR

(Works contracts)

Open or

Restricted Tender

Without notice in the OJEU

≥ 75.000 EUR

< 134.000 EUR

(Supply or service contracts)

≥ 150.000 EUR

< 5.186.000 EUR

(Works contracts)

< 5.186.000 EUR

(Works contracts)

 

With notice in the OJEU

≥ 134.000 EUR

(Supply or service contracts)

≥ 5.186.000 EUR

(Works contracts)

≥ 207.000 EUR (Supply or service contracts)

≥ 5.186.000 EUR (Works contracts)

≥ 207.000 EUR (Supply or service

contracts)

≥ 5.186.000 EUR (Works contracts)

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Material criteria (articles 24.º to 30.º, PCC)

• In general, the choose of the procedure is based on the maximum value of the contract.

Apart from this general rule,

• recourse to material criteria, if substanded, permits “direct agreement” (PCC procedure) of contracts of any value.

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Material criteria (articles 24.º to 30.º, PCC)

Mainly:

• technical or artistic reasons,

• protection of exclusive rights,

• extreme urgency brought about by events unforeseeable by the contracting authorities (The circumstances invoked to justify extreme urgency mustn’t, in any event, be attributable to the contracting authority).

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Pre-contractual procedures

PROCEDURE DOCUMENTS

Direct agreementInvitation to tender

Tender specifications

Open tenderProcedure programme

Tender specifications

Restricted tender with prior qualification

Procedure programmeInvitation to tender

Tender specifications

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PROCEDURE DOCUMENTS

Negotiated procedure

Procedure programme

Invitation to tender

Tender specifications

Competitive dialogue

Procedure programme

Invitation to submit solutions

Invitation to tender

Descriptive memorandum

Tender specifications

Pre-contractual procedures

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The Public Contracts BASE Portal

Was launched on 30 July 2008.

The BASE portal is an official repository of information on public procurement procedures and is fed by inputs from:

• the contracting authorities,• the electronic public procurement platforms and • the official electronic journal.

It´s a decisive tool for the effectiveness of direct award procedures.

Contracts resulting from “direct agreement” procedures can only take effect after being published on the portal.

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Some tools:

Specific information about Public Procurement

• Legislation• Check-list• Self-assessment tool

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Some tools:

• Guidelines for theManaging Authorities

for example:

the circular letter on the concept of “Body Governed by Public Law”

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Some tools:

• Frequent questions and Seminars;

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Some tools:

• E-platform

(to interact with Managing authorities);

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Some tools:

• Check list (pattern),at your disposal

PUBLIC PROCUREMENT PROCEDURES CHECKLIST - TO BE COMPLETED FOR EACH PROCUREMENT PROCEDURE–

Except where otherwise indicated, references are to articles of the Public Contracts Code

1. LEGAL PROVISIONS APPLICABLE TO THE ENTITY AS AWARDING ENTITY

Is the entity subject to the rules of public procurement, in light of its nature, the activity undertaken and the type of contract in question?

Entity subject to public procurement rules?

Yes No

Applicable

legal provisions

Article 2

para. no. 1

Article 2

para. no. 2

Regime of Extension of Scope of Application

(art. 275 and

subsequent articles)

2. CHARACTERISATION OF THE CONTRACT unit: euro

Object of the contract

Successful

tenderer

Identification

Award date

Value of contract (excl. VAT)

Type of procedure

Direct agreement

Open tender

Restricted tender with prior qualification

Negotiated procedure

Competitive dialogue

Start date of procurement procedure

(decision to contract)

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More at:

• Decree-Law n.º 140/2013, October 18, defines the mission and attributions of Agency P.I. (Organic Law);

• Ordinance n.º 351/2013, December 4 (Statutes);

• Commission Regulation (EU) nº 1336/2013, December 13;

• Decree-Law nº 18/2008, January 29 (PCC);

• www.base.gov.pt

• www.adc.pt

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THANK YOU FOR YOUR ATTENTION !