Decree-Law no. 78/2022 is the latest development in the crescent simplification of matters involving public contracts, amending Law No. 30/2021, which approved special measures for public procurement, the Public Contracts Code and Decree-Law No. 60/2018, which simplified the administrative procedures necessary for pursuing research and development activities.
Among the measures to expedite and simplify the procedures, there is, for example, a new special regime for design-construction work contracts.
In addition, the public contracting regime has been perfected, being further refined and clarified. As such, interpretation issues and doubts relating to the procedures applicable to pre-contractual matters that concern the execution of the Recovery and Resilience Programme have been addressed.
Lastly, some modifications are listed below because they relate to the European directives on public contracting (Directives 2014/23/EU, 2014/24/EU and 2014/25/EU), deserving special attention:
- The direct adjustment procedure is now also applicable to proposals considered “unsuitable” under the directives;
- A reference is introduced to clarify the definition of “complementary work”, following the meaning adopted by the directives;
- The negotiation and competitive dialogue procedures are available to deal with situations resulting from “unacceptable offers” or “irregular offers” in view of the Directives.