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.
Suppliers and subcontracting
Can a tenderer rely on another company's capacity?
Yes, as regards technical capacity. Article 165-A provides that, for the purpose of verifying compliance with minimum technical capacity requirements, candidates may rely on the capacities of other entities, irrespective of the legal relationship between them. The contracting authority must then verify the capacity of the entity relied upon.
How long does a contracting authority have to answer a subcontracting request?
Thirty days from submission, provided the request is duly documented. If no communication is made within that period, the request is deemed granted (article 319-A(7) and (8)). Verifying that the request is duly documented on receipt is therefore decisive, since that is what starts the clock.
Can the contract require certain works to be performed by the contractor itself?
Yes. For reasons relating to its subject matter, the contract may require certain critical contractual performances to be carried out directly by the contractor (article 319-A(2)). The stipulation must be adequate and limited to what is necessary, and may not have the effect of restricting, limiting or distorting the competition secured in contract formation (article 319-A(3)).
Can a supplier be excluded for poor past performance?
The matter requires care. Grounds for exclusion of tenders are those listed in article 70, and impediments are those in article 55; past performance does not appear as such in those lists. The choice of whom to invite in invitation-based procedures does allow a margin of appreciation, within the limits of competition and non-discrimination. [The precise limits on the use of performance history in choosing invitees require case-by-case analysis and confirmation by case law.]
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.