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.
Municipal specifics
Must a municipality aggregate purchases made by different departments?
As a rule, yes. Where the contracting authority is organised into units, the total estimated value of contracts awarded by all of them must be taken into account, unless those units are independently responsible for their own acquisitions — notably in the case of peripheral or municipalised services (article 17-B(2)). Determining which units are independently responsible is itself a decision that should be documented.
What is the special prior consultation, and when can a municipality use it?
It is a procedure in which the contracting authority directly invites at least five entities of its choice (article 127-A(1)). It may be used where the estimated value is simultaneously below the EU thresholds and below €2,000,000, and the contract concerns one of six exhaustively listed subject matters. Four of them are typically municipal: EU-funded projects; public or cost-controlled housing; works on properties transferred under decentralisation; and digital transformation (article 127-B).
Are there limits on who can be invited?
Yes. Beyond the general impediments, entities may not be invited where the authority has already awarded them, in the current and two preceding financial years and following a special prior consultation, contracts for supplies of the same type with a cumulative price reaching the statutory thresholds (article 127-C). Without a cumulation register, this control is not workable in practice.
What applies to reconstruction after a fire or flood?
Contracting authorities may use simplified direct award for works necessary to reconstruct and rehabilitate affected areas and to support persons, following events giving rise to a declaration of state of siege, state of emergency or public calamity, up to €500,000 for works and €100,000 for supplies and services (article 129-A(1)). This ground is available only for one year after the declaration ceases to have effect (article 129-A(3)).
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.