Updating of Guaranteed Minimum Monthly Pay (“RMMG”) Read more![]()
COVID-19 – Exceptional Measures for Public Procurement and Expenditure Authorization
Decree-Law No. 10-A/2020 of March 13 and Law No. 1-A/2020 of March 20 approved exceptional and temporary public procurement and expenditure authorization measures in response to the epidemiological situation caused by the SARS -CoV-2 coronavirus and COVID-19 disease. They are:
I. Rules applicable to the conclusion of public works contracts, contracts for the lease or purchase of movable assets and the purchase of services, regardless of the nature of the contracting entity, provided that they are part of the corporate public sector, administrative public sector or, with the necessary adaptations, local authorities, whose purpose is related to the prevention, containment, mitigation and treatment of epidemiological infection by COVID-19, as well as to the restoration of normality following the same (AND THESE ONLY):
1. Exceptional public procurement regime
- The substantive criterion for the choice of the direct adjustment procedure as laid down in Article 24(1)(c) of the PPC shall apply (“matter of extreme urgency“), without the need to justify the non-adoption of the prior consultation procedure as laid down in Article 27a of the PPC.
- The limit of application of the “simplified private treaty” (Articles 128 and 129 of the PPC) is increased from € 5,000.00 to € 20,000.00.
- The limitations provided for in Article 113(2) to (5) of the PPC on entities invited to submit a proposal in the procedures for prior consultation or private treaty shall not apply.
- The Awards of Tender are communicated by the contracting authorities to the members of the Government responsible for the area of finance and the respective sector and published on the public procurement portal.
- The publication, on the public contracts portal, of the conclusion of any contracts following a private treaty, as provided for in Article 127 of the PPC, although mandatory, is not a condition for the effectiveness of the respective contract, which may produce all its effects immediately after the award of tender.
- Advance payments of the price, waiving the assumptions provided for in Article 292 of the PPC, shall be allowed, if it is a question of ensuring that the economic operator makes the goods and services available, and the acts and contracts arising therefrom may produce all their effects immediately.
- The exception for centralised procurement of goods or services covered by a framework agreement for entities covered by the National Public Procurement System is exempt from prior authorisation.
- Without prejudice to the concomitant and successive supervision regimes provided for in Law 98/97 of 26 August, these contracts shall be exempt from prior inspection by the Court of Auditors, and shall be remitted to the Court of Auditors, for information, no later than 30 days after their execution.
2. Exceptional expenditure commitment regime
- The following are considered tacitly approved:
– The requests for authorization from the financial and sectorial supervisor, when required by law, in the absence of a decision, after 24 hours after the referral, by electronic means, to the respective public entity with competence to authorize them;
– Multi-annual expenses resulting from the acquisition of goods and services whose list shall be approved by order of the Government members responsible for the area of finance and the respective sector of activity, if, after submission of the request for authorization through an ordinance of extension of charges to the Government member responsible for the area of finance, it is not rejected within three days, with the normal publication procedures being incumbent upon the Government member responsible for the sector;
– In duly justified cases, when it is necessary to release funds in order to comply with the objectives established in Decree-Law No. 10-A/2020, of March 13, after three days since the submission of the respective request.
- Budgetary changes that involve reinforcement, in exchange for other actual expenditure items, are authorised by the member of the Government responsible for the respective sector area.
3. Exceptional administrative authorisation regimes
- The decision to retain the services whose purpose is to carry out studies, opinions, projects and consulting services, as well as any specialized work, does not require the administrative authorizations provided by law, and is the responsibility of the Government member responsible for the sector area.
II. Rules applicable to the conclusion of any contracts entered into by bodies, agencies, services and other entities, including the corporate public sector, the Ministry of Health, DGRSP, INMLCF, I.P., HFAR, LMPQF and IASFA, I.P:
- Without prejudice to the concomitant and successive supervision regimes provided for in Law 98/97 of 26 August, these contracts shall be exempt from prior inspection by the Court of Auditors, and shall be remitted to the Court of Auditors, for information, no later than 30 days after their execution.
Jane Kirkby, lawyer and partner at BAS
More in Communication
- Emprego Público
- Public Sector Employment
- Contratação Pública
- Press
- Lawyers
- Staff Costs
- Magazine
- Fiscal Law
- Law School
- PPC
- Job
- Sport
- Whistleblower
- Direito Civil
- Family Law
- Chambers
- Chambers Europe
- In-Lex
- Emails
- Marketing
- Jornal Económico
- webinar
- Infarmed
- Helpo
- Workshop
- Football
- Iberian Lawyer
- Equality
- Man
- Woman
- Equal Pay
- Real Estate Law
- Immigration
- Foreign Investment
- Golden Visa
- MIPIM
- SIGI
- REIT
- Imobiliário
- Mozambique
- ICLG
- Moçambique
- Secrecy
- Professional secrecy
- Congress
- APMEP
- Idealista
- Almedina
- Expo Real
- National Health Service
- NHS
- Hospitals
- Book
- PhD thesis
- Schools
- CNPD
- Labor
- ILO
- International Labor Organization
- RCBE
- sociedades
- Public Procurement
- pessoas coletivas
- Health
- Innovation
- Data Protection
- Advertising
- Public Protection
- Medicines
- Best Lawyers
- Medical Devices
- Portugal
- Sports Law
- Who's Who
- Real Estate
- Video surveillance
- Fairs
- Privacy
- Sports
- Minors
- Health and Sciences
- Public Policies
- Healthcare
- Secutity
- anniversary
- State
- 10 years
- Labour
- law firm
- Sport Law
- BAS
- Employment
- Minimum Wage
- medical law
- Covid-19
- Money Laundering
- Coronavírus
- Transparency
- Atividade
- Personal Data
- Lay-Off
- Lay-Off
- Students
- Mental Health
- Trainees
- Stress
- Saúde mental
- Leaders League
- Actualidade Ibérica
- Iberian Lawyers
- Contracts
- State Budget
- Real Estate 2020
- Administrative Law
- Corporate Law
- Administrative Litigation
- Legal Persons
- Guide
- Companies
- conference
- Professional Secret
- Business Law
- Confidentiality
- Directories
- Changes
- Partnership
- Public Law
- Life Sciences
- Awards
- Labour Awards
- Law
- Exceptional Measures
- Chambers and Partners
- Public Employment
- Electronic Invoice
- Public Contracts
- Electronic Invoicing
- Gender Equality
- Medical Error
- Local Housing
- Forty Under Forty
- Guides
- Self-Employed Workers
- traffic accident
- GRDP
- Research
- Clinical Research
- GDPR
- Children
- Family
- Team
- Labor Law
- Tax Law
- Social Security
- Civil Law
- Em
- Commercial Law
- Labour Code
- Competition Law
- Global Business
- Industrial Property
- Labour Law
- Right of Preference
- Civil and Labour Litigation
- Local Accommodation
- Social Responsability
- Lawyer
- Social Security Law
- Europe
- Employment Law
- Award
- Directory
- Health and Scieces Law
- law firms
- Digital Era
- European Congress
- Labour and Social Security Law
- Gig Economy
- Ranking
- Flextime
- Women's Human Rights
- Direito da Saúde
- Women
- Human Rights
- Independent Workers
- Health and Life Sciences
- Health Law
Updated Version: BAS Simplified Lay Off Guide Read more![]()
Partnerships for innovation, for what and how? Read more![]()
Cláudia Monge opens workshop intended to review the first year of GDPR Read more![]()
Family Mediation Read more![]()
Marco Real Martins finalist in the Iberian Lawyer’s Forty under 40 Read more![]()
Postgraduate Course in Public Procurement Management Read more![]()
BAS ranked in Chambers Europe 2019 Read more![]()
Chambers and Partners recognizes BAS lawyers Read more![]()
“The role of Ethics Committees” Read more![]()
Summary of the ruling of the Supreme Administrative Court (First section) of 16.11.2017, case No 0935/17, rapporteur: Teresa de Sousa Read more![]()
BAS on the directory Who’s Who in Business Law Read more![]()
“Whistleblowing” alerts for companies with 50 or more employees Read more![]()
BAS shortlisted for the Iberian Lawyer Labour Awards Read more![]()
News from MIPIM 2019 Read more![]()
National meeting on Public Contracts and Community Funds Read more![]()
BAS organizes the workshop “Two years of General Data Protection Regulation. Are we ready?” Read more![]()
Registrations open for the workshop on GDPR implementation Read more![]()
Cláudia Monge is a speaker at the Infarmed symposium Read more![]()
New Decree-Law no. 73/2021, of 18 August Read more![]()
Advogar: BAS distinguished with The Best Health Law Firm 2018 Award Read more![]()
Isabel Sousa Castro joins BAS team (Advogar) Read more![]()
BAS and real estate trends Read more![]()
Advogar: BAS lawyers author a chapter on real estate in Portugal at ICLG Read more![]()
Press: BAS reinforces its team with two new associate lawyers Read more![]()
JM Seminar: Sports Law and Sports Policies Read more![]()
Artur Filipe da Silva e Diogo Moreira Ramos author a chapter on real estate in Portugal Read more![]()
Summer Internship Fair | FDUL Read more![]()
BAS presence in Expo Real 2016 Read more![]()
Direct award and the re-enacting of prior consultation Read more![]()
New legislation to fight against money laundering Read more![]()
What has changed in the contribution regime for self-employed workers? Read more![]()
Exclusion of people from a football stadium Read more![]()
Public Procurement and Innovation Read more![]()
Iberian Lawyer: “10 years of BAS Law Firm” Read more![]()
Sports Law in 5 questions Read more![]()
Dália Cardadeiro wins Lawyer of the Year award Read more![]()
Pedro Madeira de Brito Publishes Book on Labour Law Read more![]()
Cláudia Monge in a conference in Sintra on Medical Error Read more![]()
BAS and Sports Law Read more![]()
Real Estate Brochure Read more![]()
FDUL provides courses in Law, Finance and Justice of Sport Read more![]()
Local Housing: Global Problem, National Solution? Read more![]()
The impact of the new Data Protection Regulation on the Schools Read more![]()
BAS becomes a member of CELIA Alliance Read more![]()
Summer Course on General Data Protection Regulation at the University of Lisbon School of Law Read more![]()
Sports Law under analysis at the Faculty of Law of the University of Lisbon Read more![]()
The Women’s Human Rights Summit Read more![]()
Pedro Madeira de Brito speaker at the ILO centenary Read more![]()
Advogar: BAS partners discuss Public Purchases in Health Read more![]()
Green Hospitals Read more![]()
BAS Agenda: 13th National Congress of Electronic Public Procurement Read more![]()
The recent changes in the assumption of multiannual liabilities by NHS entities Read more![]()
The new Equal Remuneration Law under review Read more![]()
BAS was present at Real Estate Fair in Paris Read more![]()
Press: Best Lawyers distinguishes Portuguese law firms and lawyers Read more![]()
BAS celebrates eight years Read more![]()
COVID-19: Exceptional and temporary Measures in Response to the Epidemiological Situation Read more![]()
BAS in the Iberian Lawyer’s Lisbon Annual Report Read more![]()
III Health Law Course Read more![]()
BAS lawyers distinguished by Leaders League Read more![]()
10 years, 10 partners, 10 stories: Marco Aurélio Constantino Read more![]()
EELA Conference 2017 Read more![]()
Award of public procurement Read more![]()
Cláudia Monge speaks about medical secrecy and secrecy in law Read more![]()
Marco Real Martins nominated for the Forty Under Forty awards Read more![]()
Key developments in the revised Public Procurement Code Read more![]()
5th European Conference on Sustainable and Innovative Public Procurement Read more![]()
Processing data of children and young people in light of the new GDPR Read more![]()
Best Lawyers Distinguishes Pedro Madeira as Lawyer of the Year in Portugal Read more![]()
Funchal debates Public Procurement and Litigation Read more![]()
2019 Highlights Read more![]()
General framework of the new GDPR and national law – Of medical data in particular Read more![]()
BAS reinforces its team with three trainee lawyers Read more![]()
10 Key steps for compliance with the GDPR Read more![]()
Developments in data protection and compliance can mean employment laws are quickly outdated Read more![]()
Changes to the Labour Code Read more![]()
Health: When data protection demands special attention Read more![]()
BAS and Legalline Mozambique in Employment & Labour Law 2018 Read more![]()
BAS represents Portugal in EU Employment and Social Security Law Webinar Read more![]()
BAS supports the 4th Public e-Procurement Congress Read more![]()
Healthcare security and State Civil Liability: imprisonment and mastery of guilt? Read more![]()
BAS celebrates its ninth year Read more![]()
BAS at the Portuguese Real Estate and Tourism Show in Paris Read more![]()
Sérvulo and BAS lawyers will debate about public procurement in Funchal Read more![]()
BAS lawyers at the annual EELA meeting Read more![]()
The reform of the employment contract of sports practitioners Read more![]()
Paris opens its doors in May to receive Portuguese real estate Read more![]()
Press: BAS with five lawyers listed in Best Lawyers Read more![]()
GDPR Organizational Technical Measure – What now? Read more![]()
Take a step back and reassess your priorities Read more![]()
The changes in the Public Procurement Code Read more![]()
Cláudia Monge contributes to the book The Secrets in Law Read more![]()
BAS named the Best Health Law Firm 2018 Read more![]()
Real Estate Consulting Read more![]()
COVID-19 – Support clients in times of mutual assistance of all and for all Read more![]()
General Regulation on Data Protection and the processing of personal data Read more![]()
Beneficiary Central Registry BCR Legal Regime – What are the obligations of a Company After the First Declaration Read more![]()
Amendments introduced to the Labour Code Read more![]()
Clinical Research and GDPR: Are compromises possible? Read more![]()
BAS in the Advocatus Search a Lawyer Guide Read more![]()
What changes with the new Local Housing Law? Read more![]()
Five lawyers of BAS were recognized in Best Lawyers Read more![]()
BAS authors a chapter on Mozambique at ICLG Read more![]()
Catholic Porto analyses the impact of the processing of personal data Read more![]()
BAS named Marco Aurélio as new partner Read more![]()
BAS authors chapter on Labour Law in Portugal and Mozambique Read more![]()
BAS lawyers in the Best Lawyers’ Global Business edition Read more![]()
The intriguing figure of the Data Protection Officer Read more![]()
Public Procurement and Pre-contractual Litigation under discussion: Analysis and evaluation of the proposals Read more![]()
BAS at the European Employment Lawyers Association conference Read more![]()
Cláudia Monge will be a speaker at the conference on General Regulations for the Protection of Personal Data Read more![]()
New rules for transparency in advertising Read more![]()
The draft law for a new Industrial Property Code Read more![]()
GDPR and consent for scientific research Read more![]()
BAS represents the Portuguese jurisdiction in Employment & labour 2018 in the International Comparative Legal Guide Read more![]()
Local accommodation: will a global problem have a national solution? Read more![]()
Public Health Policies in review Read more![]()
Information session on the changes to the Labour Code Read more![]()
Partner of BAS on the Best Lawyers’ directory Read more![]()
Pedro Madeira de Brito distinguished by Best Lawyers Portugal 2017 Read more![]()
Rebenta a Bolha! (The game is over) Read more![]()
Advogar: BAS present at MIPIM Read more![]()
BAS strengthens its team with the arrival of Luciana Sousa Santos Read more![]()
Master of Sports Law Read more![]()
Isabel Sousa Castro in the ranking Top 50 Iberian Lawyer Rising Stars Read more![]()
BAS in the 14th In-Lex Edition Read more![]()
BAS ranked in Chambers Europe 2020 Read more![]()
Video surveillance, GDPR Implementing Law and the Labour Code Read more![]()
BAS and the outcomes of MIPIM Read more![]()
JM Sports Seminar: Pedro Madeira de Brito opens afternoon session Read more![]()
ICLG: BAS writes about Labour and Employment Law in Portugal Read more![]()
BAS joins the Helpo sponsorship program Read more![]()
Chambers & Partners distinguishes BAS Read more![]()
II Workshop – The National GDPR Enforcement Act: What to Expect? Read more![]()
Football: The Right of Preference Read more![]()
Women in Law Read more![]()
Three BAS lawyers recognized in the Leaders League in the labour area Read more![]()
SB2020: Overall charges paid for service contracts Read more![]()
Best Lawyers recognise BAS lawyers Read more![]()
BAS listed in the 15th edition of In-Lex Read more![]()
Sustainability and efficiency in the hospital sector Read more![]()
The consent of minors and the GDPR Read more![]()
Catholic University’s Law JobShop: BAS at the market of opportunities Read more![]()
5th European Conference: sustainable and innovative public procurement Read more![]()
BAS integrates business mission to Dubai Read more![]()
Chambers Europe 2018 recognizes BAS partners in the area of Labor Law in Portugal Read more![]()
Real Estate: BAS will be present at Expo Real in Munich Read more![]()
Effects COVID-19: Extension of deadlines for implementation of electronic invoicing in public contracts Read more![]()
General Data Protection Regulation and Health Data Read more![]()
BAS integrates two associate lawyers and a consultant, strengthening strategic areas and betting on new areas of expertise Read more![]()
Cláudia Monge participates in a book celebrating the 40th anniversary of the NHS Read more![]()
Sports Law seen out of the box Read more![]()
Advanced Training Programme on Public Procurement Read more![]()
BAS Portuguese Simplified Lay Off Guide at Iberian Lawyer Read more![]()
BAS in the 13th In-Lex Edition Read more![]()
Cláudia Monge analyses new data protection regulation Read more![]()
Catarina José focuses on the practical implications of GDPR Read more![]()
Advocatus: BAS distinguished with The Best Health Law Firm 2018 Award Read more![]()
BAS at the EELA annual conference Read more![]()
Smart work and the new trends on the labor sector Read more![]()
New BAS services: Immigration and Foreign Investment Read more![]()
How Portugal adopted the Real Estate Investment Trusts (REIT) regime Read more![]()
Do you still receive advertising emails to which you did not give consent? Read more![]()
Young lawyers and entry into the labor market Read more![]()
Launch of the book “Civil Liability in Health” Read more![]()
Margarida Ferreira discusses European legislation and its application in Portugal Read more![]()
In 2019, there will be more changes in the contributory scheme for Independent Workers Read more![]()
Data protection in Workshop Read more![]()
Debate and book on Public Procurement Legal Framework Read more![]()
New minimum wage and update of service contract values Read more![]()
Lauch of the book “Inventário Judicial” Read more![]()
Team BAS reinforced Read more![]()
New general regulation for data protection Read more![]()
Claúdia Monge coordinates Medical Law course Read more![]()
Company Agreement under the microscope Read more![]()
Portuguese companies at the Real Estate Show in Paris Read more![]()
BAS lawyers at EELA meeting Read more![]()
New regime of Article 256-A of the Public Procurement Code Read more![]()
Pedro Madeira de Brito participates in the new edition of the Annotated Labour Code 2020 Read more![]()
Press: Alexandra Almeida Mota practical talks about restructuring in Europe Read more![]()
New sports law magazine Read more![]()
BAS grows stronger with the arrival of Isabel Sousa Castro as associate lawyer Read more![]()
Smart work: The Law and the new trends in the labour market Read more![]()
Data Protection: BAS joins APDPO Read more![]()
BAS celebrates its 10th anniversary Read more![]()
The framework of satellite clubs Read more![]()
Who’s Who in Business Law in Portugal: Dalia Cardadeiro’s expectations for 2020 Read more![]()
Pedro Madeira de Brito co-authors the ‘Commentary on the European Convention on Human Rights and Additional Protocols’ Read more![]()
Preliminary consultation: the implementation of informality Read more![]()
Labour Law: changes to the Labour Code Read more![]()
Dália Cardadeiro in the Who is Who in Business Law in Portugal directory Read more![]()
Press: Employment Law Webinar Read more![]()
Lisbon 2020 – Work in a Digital Era – Legal Challenges Read more![]()
Transparency in the advertising of medicinal products and medical devices Read more![]()
BAS debates restructuring processes in webinar on Labour Law Read more![]()
The new restrictions on loans of professional football players Read more![]()
BAS with three new trainee lawyers Read more![]()
BAS at SIPP Read more![]()