Common questions
Frequently Asked Questions
Questions we are most often asked by international suppliers, advisers and contracting entities.
The 2026 reform
When does the reform enter into force?
On 1 October 2026 (article 11 of Decree-Law 177/2026). The instrument was published in Diário da República, 1st series, no. 172, of 4 September 2026.
Does it affect contracts already in performance?
Yes, in two respects. Amendments concerning objective modification of the contract and alternative dispute resolution apply to procedures under way and to contracts already in performance on that date (article 10(2)). All other amendments apply only to procedures commenced after that date.
Can a foreign company tender in Portugal?
Yes. Portuguese public procurement is open to economic operators established in other Member States and, subject to the applicable international agreements, beyond. Practical requirements apply: submission through a licensed electronic platform, qualified electronic signature credentials, and documents in Portuguese or accompanied by translation as required by the tender documents. [Specific documentary requirements for foreign operators depend on each procedure and should be verified in the tender documents.]
Procedures and deadlines
What is the flexibilisation regime?
For contracts with an estimated value below the EU thresholds, contracting authorities may disapply or add any rules or formalities, provided that, while respecting the general principles of public procurement, this is useful to promote simplification, efficiency or speed (article 161-A(1) and (2)). In practice this means the rules of each procedure must be read on their own terms rather than assumed from previous experience.
Why are some deadlines only three days?
Where the flexibilisation regime is adopted, the period for tenderers to comment on the preliminary report may be reduced to three days, and the periods for administrative challenges under articles 270, 273 and 274 are three days (article 161-B). Organisations without a standing internal protocol routinely miss these.
Personal position
When is a panel member barred from taking part?
In the situations set out in article 69 of the Portuguese Administrative Procedure Code, applicable through the general principles of administrative activity and, as regards the contract manager, by express reference in article 290-A(7) of the Public Contracts Code. The assessment is objective: it does not depend on whether the officeholder feels able to decide impartially.
What if the impediment arises after appointment?
The duty to disclose remains and becomes more pressing. A supervening impediment must be communicated immediately to the appointing body so that it may decide on replacement. The absence of an established channel for that communication is one of the most common gaps.
How is a decision to disapply a formality reasoned?
By identifying the specific rule disapplied and the provision that lays it down; stating which of the three statutory grounds is relied on — simplification, efficiency or speed — and how it applies in the specific procedure; explaining why the disapplication does not harm competition, transparency, equal treatment or non-discrimination; and identifying the competence under which the decision is taken. Invoking the flexibilisation regime in the abstract is not reasoning.
Must indications of collusion be reported even without exclusion?
Yes. Article 70(5) requires notification to the Competition Authority of exclusions on the ground set out in article 70(3)(g) as well as of the existence of indications of restrictive practices, even where these have not given rise to exclusion of the tender.
Working with us
Do you provide legal representation?
No. Our work is compliance and accountability: methodology, instruments and documentary trail. Where a matter requires representation before a court or an act reserved to lawyers under Portuguese law, we identify it and refer it.
In which language do you work?
In English and in Portuguese. Analysis, reporting, meetings and deliverables are provided in English where preferred. Documents that must be filed with Portuguese contracting authorities are produced in Portuguese, with an English working version so that decisions are taken with full understanding of what is filed.
Not answered here?
Send your question through the contact form. Questions on the application of the regime are answered within one working day, at no charge and without commitment.