National Portal of the State’s Supplier

The National Portal of the State’s Suppliers (the “Portal”) was recently created by Decree-Law 72/2018, to expedite the functionality of the public procurement procedures.

This Portal, which should be operational on 1st January 2019, consists of an online platform, where it will be possible to find a range of information regarding the tax and contributive status and the reputability of the State´s suppliers. The Portal will be applicable to the procedures of formation and execution of public procurement, as well as to individuals and entities, national or foreign, that would participate in these procedures.

The Portal will be managed by the Tax and Customs Authority (AT), the Institute of Social Security, I.P. and the Directorate-General for the Administration of Justice, and will be addressed to both, individual and entities, national or foreign, who will participate in these procedures or who have entered into a public contract.

The main advantage of the creation of the Portal will be the streamlining of the verification process and the proof of the inexistence of impediments to public procurement, simplifying the verification of the necessary requirements for contracting State´s suppliers (particularly those related to the qualification of contractors and to their tax and contributive status), allowing greater transparency of contractual procedures and facilitated access by public entities (either directly or through electronic contracting platforms) to this set of information.

Thus, the suppliers registered in the Portal will be exempt from submitting the same documents to each contracting entity, such as the certificate of criminal records of the suppliers and the respective members of the administration.

In fact, a wide range of data will be available in the Portal, such as the information about the tax status before the AT, the contributive status before the Social Security and the information about the reputability of the suppliers and respective members of the administration (verifying that there are no entries in their criminal records), so that it can be consulted by public entities. If the supplier deems it appropriate, more data can be presented on the portal, such as the identification of the supplier and the members of the respective administration, the information about the status of activity before the AT and the Social Security, the identification of the licenses or the permissions for the exercise of the activity, among others.

Even the electronic models of the sworn statements will be available on the Portal.

The registration on the digital platform is up to each supplier and by doing so, the supplier is giving his consent for its data and information to be available in the Portal.

It should be added that the registration in the Portal and the maintenance of the criminal record implies a payment of an annual fee, which has not yet been defined. The cancellation of the registration results in the elimination of the personal data of the State’s suppliers and of the members of the administration that are registered in the Portal. It should be highlighted that the Portal allows different levels of access to the information, depending on whether the target audience refers to public companies, public procurement platforms management companies, suppliers, auditing entities or citizens in general.

The content of this information does not constitute any specific legal advice; the latter can only be given when faced with a specific case. Please contact us for any further clarification or information deemed necessary in what concerns the application of the law.