National Regulation of Public Procurement
Key features of public procurement system
- Portugal is one of the leading EU member states in terms of public procurement digitalization (contracting through electronic systems was made mandatory in 2009)
- Portugal is one of the first countries to integrate the new EU public procurement acquis into national legislation
- Advanced system of public procurement control, evaluation and audit
EU Law
- Directive 2014/23/EU on the award of concession contracts dated February 26, 2014
- Directive 2014/24/EU on public procurement dated February 26, 2014
- Directive 2014/25/EU on procurement by entities operating in the water, energy, transport and postal services sectors dated February 26, 2014
- Directive 2014/55/EU on electronic invoicing in public procurement dated April 16, 2014
- Directive 2009/81/EC on procurement in the defense and security sector dated July 13, 2009
- Regulation EU 2016/7 dated January 5, 2016establishing the standard form for the European Single Procurement Document (ESPD)
International Agreements
- WTO Agreement on Government Procurement (GPA)
National Law
- Public Contracts Code (Decreto-Lei n.º 18/2008 Código dos Contratos Publico), 2008, last amended in 2022.
- Code (Decreto-Lei n.º 4/2015 Código do Procedimento Administrativo)
- Law No. 37/2007 establishing the National Public Procurement Agency (Decreto-Lei n.º 37/2007, de 19 de fevereiro), 2007.
- Regulation No. 772/2008 defining the categories of goods and services whose acquisition is regulated by the National Public Procurement Agency (Portaria n.º 772/2008), 2008.
- Order No. 8293/2009 determining the centralization of procurement procedures for certain categories of goods and services in the Portuguese Ministry of Justice (Despacho n.º 8293/2009), 2009.
- Regulation No. 330/2009 regulating the National Public Procurement System (Regulamento n.º 330/2009, de 30 de julho), 2009.
- Law No. 96/2015 regulating the use of electronic platforms for public procurement (Lei n.º 96/2015)
Law No. 30/2021 approving special procedures for the award of contracts financed or co-financed by European funds (Lei n.º 30/2021)
SAI Portugal Cases
Public Works
In 2009 and 2015 Portugal's Court of Auditors conducted audits of public works overspending. The audits revealed that significant financial overruns and deviations from contract implementation deadlines were a widespread practice. Among the reasons given were:
- poor public works planning;
- absence of designated persons responsible for public works;
- lack of control and analysis of costs associated with the project life cycle.
Given the inadequate implementation of recommendations from past audits, the Portuguese Court of Auditors decided to conduct a re-audit.
Audit Objectives:
To verify whether corrective actions have been taken by the Government as well as by the direct implementers — Infrastructure Portugal (Infraestruturas de Portugal, IP) and Lisbon Metro (Metropolitano de Lisboa, ML).
Deficiencies in carrying out public works affecting time and cost overruns have been corrected
Audit of Risks Identified by Analysis of Appeals Related to Local Authorities’ Public Procurement Received by the Court of Auditors. São Domingos de Benfica District
SAI: Portugal's Court of Auditors
Title: Audit of Risks Identified by Analysis of Appeals Related to Local Authorities’ Public Procurement Received by the Court of Auditors. São Domingos de Benfica District
The analysis of complaints, appeals and revelations received by the Court of Auditors (PEQD, Art. 3.5 of Report No. 6/2023) identified seven local authorities, in which cases attesting to illegal practices in public procurement were detected.
Audit Objectives:
- To evaluate the compliance of pre-contractual procedures for the acquisition of goods and services with the Public Contracts Code and relevant laws.
To verify the legality of selection of service providers for the implementation of public contracts, including through direct procurement.
- Lack of qualified personnel in local authorities to implement the agency’s activities (large number of procured services by profile).
- The internal control system is imperfect, as controls and procedures have not been established to guarantee the legality and monitoring of public procurement processes and accounting information.
- Contracts for procurement of goods and services were concluded and implemented with irregularities, especially in the field of school education
Acquisition of Computers and Their Connection – Phase 1
SAI: Portugal's Court of Auditors
Title: Acquisition of Computers and Their Connection – Phase 1
The Portuguese Ministry of Education has authorized the purchase of 1.05 million computers and communication services for primary and secondary schools in three phases:
Phase 0 (100k units), Phase 1 (350k units) and Phase 2 (600k units).
The Portuguese Court of Auditors audited the contracts for the purchase of 350,000 computers and connectivity tools in Phase 1, totaling EUR 126.8 million, signed by the General Secretariat for Education and Science (SGEC) in 2020 and 2021, to verify the legality of the contracts and their performance.
Audit Objectives:
To identify the legality of the contracts concluded for the purchase of computers and their subsequent connection in the first phase of the acquisition of equipment for primary and secondary schools in Portugal.
The audit found no non-compliances with applicable legal regulations. The performance of computer contracts reached 100% (EUR 104.4 million), and less than 65% (EUR 14.6 million) for connectivity contracts.
An assessment of monitoring, management and control systems identified weaknesses related to the hardware and quality of computers and the effectiveness of operating systems and other software.
Audit of the COVID-19 Vaccination Program
Portugal followed the centralized European vaccine procurement procedure, which was crucial to ensure access to effective and safe vaccines in sufficient quantities, at affordable prices and in the shortest possible time.
Audit Objectives:
Audit of the COVID-19 vaccination program implemented in Portugal by public authorities was conducted to assess its effectiveness and efficiency, taking into account the objectives set, the resources used and the results achieved
The implementation of the program was in line with international recommendations. A logistical system for vaccine storage and distribution ensured timely and proportional distribution of vaccines to vaccination sites. Nevertheless, at the end of 2022, the vaccine dose loss rate was 11.2%, corresponding to 3.5 million unused vaccine doses (equivalent to around EUR 54.5 million), partly as a result of the over-acquisition promoted in the EU to avoid the risk of shortages.
The Court of Auditors provided several recommendations regarding the identification and adoption of strategies to manage the effects and impact of COVID-19 on the public health system and ensure its resilience, as well as planning to respond to future public health emergencies.
Audit of Green Public Procurement
The Court of Auditors of the Portuguese Republic audited the implementation of public procurement in accordance with the 2020 National Strategy for Green Public Procurement (ENCPE 2020 - Estratégia Nacional de Compras Públicas).
Audit Objectives:
To identify the effectiveness of the implementation of the 2020 National Strategy for Green Public Procurement.
The audit revealed that:
- environmental criteria have not been developed by the Government or adapted to the context of the Portuguese Republic;
- there is no established assessment of the inclusion of environmental criteria in public procurement;
- program implementation is not monitored.