Coronavirus - Legal Implications: Public Procurement

[This article is part of a guide by Morais Leitão dedicated to the legal implications of the - at the time - new coronavirus.]

Decree-Law 10-A/2020, amended by Decree- Law 10-E/2020 and Law 4-A/2020, which establishes exceptional temporary measures relating to the COVID-19 epidemic, defines, in this regard, an exceptional public procurement framework. The government decree was ratified by the Portuguese Parliament through Law 1-A/2020.

The exceptional public procurement framework approved by Decree-Law 10-A/2020 is intended to “simplify” and “accelerate” public procurement procedures required to respond to the COVID-19 epidemic: within its scope of application, the decree-law generally authorises the use of direct award procedures (instead of procedures that are open to competition), derogates legal limitations on repeated direct awards to the same economic operator and, in certain cases, increases the thresholds for the use of the simplified direct award procedure. Furthermore, and with the same purpose, the exceptional legal framework allows the awarding entity to exempt contractors from submitting qualification documents and providing a bond, and dispenses with publication as a condition for effectiveness of contracts awarded (condition generally applicable to contracts entered into following a restricted call for bids (“consulta prévia”) or a direct award).

Topic covered:

• Procurement Procedures
• Contract Performance

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