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PUBLIC PROCUREMENT Some guidelines on public procurement procedures in Portugal

PUBLIC PROCUREMENT Some guidelines on public procurement procedures in Portugal Public Procurement and State Aid Centre 27-05-2014. The Cohesion and Development Agency, P.I.

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PUBLIC PROCUREMENT Some guidelines on public procurement procedures in Portugal

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  1. PUBLIC PROCUREMENT Some guidelines on public procurement procedures in Portugal Public Procurement and State Aid Centre 27-05-2014

  2. The Cohesion and Development Agency, P.I. 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. Mission Regional 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

  3. Body Unit Centre The Cohesion and Development Agency, P.I. Statutory Auditor DirectiveCouncil Advisory Council Information Systems Regional Policy ERDF/CF Coordination Institutional Management Strategic Evaluation and Monitoring ESF Coordination Financial Management Certification Control and Audit Legal Support and Litigation Financial and Capital Resources IS ERDF/CF Evaluation MonitoringPrograms MonitoringPrograms Financial Programming Certification ERDF and CF Planning and Development Control Monitoring of the Partnership Agreement Territorial Studies and Policies QualityPlanning and Management HumanResources IS ESF Monitoring Financial Flows Certification ESF ERDF and CF Audit Territorial Cooperation Simplificationmeasures ControlofExpenditureStatements ESF Audit IS PA Procurement and StateAid Communication and Documentation

  4. Procurement and State Aid CentreCore competencies on public procurement • To support all Agency units on public procurement subjects; • To promote European rules and procedures amongst managing authorities.

  5. 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

  6. Contractingauthorities Scopeofthe PCC

  7. Contractssubsidised - 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).

  8. ThresholdsAmounts – EU Directives

  9. ContractValue / pre-contractual procedures – PCC

  10. 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.

  11. Material criteria (articles 24.º to 30.º, PCC) Mainly: • technicalorartisticreasons, • protectionof 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).

  12. Pre-contractual procedures

  13. Pre-contractual procedures

  14. 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.

  15. Some tools: SpecificinformationaboutPublicProcurement • Legislation • Check-list • Self-assessmenttool

  16. Some tools: • Guidelines for the ManagingAuthorities for example: the circular letter on theconceptof “Body Governed byPublicLaw”

  17. Some tools: • Frequentquestions and Seminars;

  18. Some tools: • E-platform (to interactwith Managing authorities);

  19. Some tools: • Checklist (pattern), atyourdisposal

  20. 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

  21. THANK YOU FOR YOUR ATTENTION !

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