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.
The contract manager function
Is appointing a contract manager mandatory?
Yes. The public contracting party must appoint one or more contract managers with the function of continuously monitoring performance (article 290-A(1)). The provision sets no value or duration threshold for appointment; thresholds appear only in relation to the duty to prepare indicators.
When must performance indicators be prepared?
Where contracts have particular characteristics of technical or financial complexity, or a duration exceeding three years. In those cases the manager must prepare quantitative and qualitative performance indicators appropriate to the contract type, enabling measurement of the contractor's performance levels and of financial, technical and material execution (article 290-A(3)).
Can the contract manager modify the contract?
No. Powers may be delegated to the manager for adopting corrective measures, except in matters of modification and termination of the contract (article 290-A(5)). Modification and termination always remain with the competent body.
Can contract management be outsourced?
Yes, but narrowly. In exceptional and duly reasoned cases, the public contracting party may contract the management of the contract out to a third party (article 290-A(6)). Reasoning the exceptional nature is a condition of the lawfulness of that choice. [There is as yet no doctrine or case law on the scope of "exceptional cases" under this provision.]
What happens if a subcontracting request goes unanswered?
The public contracting party must respond within thirty days of a duly documented request. If no communication is made within that period, the request is deemed granted (article 319-A(7) and (8)).
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.