New public procurement law published today comes into force in October

Nthe terms of Decree-Law No 177/2026, amending the CCP, this review aims to simplify, clarify and update the rules applicable to public procurement, where currently “there are difficulties related to the slowness of procedures, the excessive bureaucratic burden and the out-of-date of some rules”.

“ In a context where public investment is to be encouraged quickly, protect the public interest and ensure effective competition, this amendment to the CCP aims to respond to constraints identified by contracting entities and economic operators”, reads in the text of the diploma.

Among the main changes made is the increase in value thresholds for simplified procurement: The direct adjustment (invitation to a single entity) goes from 20,000 to 75,000 euros in the purchase of goods and services and from 30,000 to 150,000 euros in the works, while the prior consultation (invitation to at least three entities) rises from 75,000 to 130,000 euros in the purchase of goods and services and from 150,000 to 1 million euros in the works.

The reform also eliminated the prior revision of the implementation project by an entity distinct from the author of the project, because it was considered that this mechanism introduced bureaucracy in the decision-making process, and introduced the possibility of making changes to the project at the initiative of the contractor, with the consent of the project's author, as well as tacit deferral in subcontracting if the public contract does not pronounce itself in 30 days.

There is no longer any obligation to establish a basic price in order to avoid a logic too focused on the lower price, and in the event of non-compliance of the private party, it becomes possible for the owner of the work to take over the latter's administrative possession and to follow it, even if the dispute continues the judicial path.

The new rules also aim to dispense with the delivery of repeated documents, through the principle of “only once”, provide for the use of artificial intelligence in public procurement and reorganize and clarify exclusion regimes, contractual modification, “conception-construction” undertaking, concessions and expenditure authorization.

Still instituted is the possibility of “spontaneous initiative”, which allows companies, research centers and private to present projects or solutions directly to public administration before a formal competition is launched

The law published today also enshrines a voluntary arbitration regime for the settlement of disputes arising from procurement procedures.

Promulgated by the President of the Republic, António José Seguro, on August 28, the decree-law comes into force on October 1.