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.
Digital specifics
Can a contracting authority trial software before buying it?
Yes. Article 35-C allows a contracting authority to promote or accept the free and temporary provision of information systems for technical, functional, interoperability, security and suitability evaluation. The period may not exceed thirty days, extendable once, on reasoned grounds, up to ninety days.
Can the provider use the trial data to improve its product?
No. Free provision may not involve direct or indirect consideration in favour of the providing entity, expressly including authorisation to use data for its own purposes, including training, validation or improvement of models, advertising, or any other advantage liable to distort competition (article 35-C(3)).
Does running a trial give the provider an advantage in the subsequent procedure?
It must not. Running a trial cannot in itself justify adopting a less competitive procedure (article 35-C(5)). Where the trial involves a single operator, the authority must justify why a plurality of solutions was impossible or unsuitable, adopt reinforced measures to prevent distortion of competition, and disclose in the subsequent procedure the relevant information obtained (article 35-C(4)).
What should a tender document require of a system with an AI component?
At a minimum: technical documentation sufficient to allow human oversight; information on the nature of training data and known limitations; explainability mechanisms; event logs allowing reconstruction of past operation; a prohibition on using the authority's data for training, validation or model improvement absent express authorisation; and duties to notify incidents and material changes to the model.
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.