Transparency In Government Procurement

Original Language Title: Transparência nos contratos públicos

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c31684a4c33526c6548527663793977616e497a4f5331595353356b62324d3d&fich=pjr39-XI.doc&Inline=false

Group Group Parliament – Palace of Saint Benedict-1249-068 Lisboa-Phone:-Fax: 21 391 7456 21 391 9233 Email: gpcds@pp.parlamento.pt – http://cdsnoparlamento.pp.parlamento.pt MOTION for a RESOLUTION paragraph 39/XI TRANSPARENCY in GOVERNMENT PROCUREMENT explanatory statement (I) paragraph 1 of article 4 of Decree-Law No. 18/2008, of 29 January (public procurement code-CCP) provides for the Constitution of a single portal dedicated to public procurement : this is commonly called the public procurement Portal, accessible at www.base.gov.pt. Housed in a strategy that aims to increase transparency in an area where the same constitutes a very important value, the public procurement Portal is undoubtedly an asset in any plan to fight corruption. The CDS-PP recognises and stresses the importance of this tool accessible to the general public. But that does not prevent us from the we consider inadequate and poorly configured, having regard to the purposes which aims to achieve and the intended audience.

(Ii) the public procurement Portal includes information relating to all public contracts subject to the CCP, generally speaking. In it are bounded, however, two specific areas, one relating to public works-related contracts and another regarding leases or acquisition of movable property and procurement services, which constitute autonomous information systems or interlinked, but always properly articulated.

2 the responsibilities as regards the management of the portal and the information systems that are accessed via the same come defined in Ordinance No. 701-F/2008, of 29 July, which also defines the conditions for the joint electronic platforms used by the contracting authorities; are also defined the general specifications regarding access to information. It should be noted in this respect that the specific management of information that is placed on the website is the responsibility of the InCI (Institute of construction and real estate) and CERTIFICATION (National Agency for public procurement), and that the information made available shall include:-the signing of any contracts in direct sequence;
-The ads published in Diário da República concerning procedures for formation of contracts;
-Definitive decisions of right accessory sanction application to participate in any procedure for the formation of public contracts laid down in article 460 of the CCP;
-The objective changes of contracts representing a total value of more than 15% of the contractual price.

The information provided, however – and despite the minutia on the wording of the legal provisions that specify the content of the same, very little detail. This assumes greater prominence since the law No. 54/2008, of 4 September (Creates the Corruption Prevention Council) considers to be risk activities compounded the covering purchases of goods and services and public works contracts and concessions without competition. International recommendations concerning the continuation of a policy of "good practices" in governance, moreover, point all in the direction of greater transparency and objectivity in decision-making mechanisms, strategies which can not walk brushed off the full public disclosure, not only leading to decision to award iter, but also of binding legal instruments on which the decision to hire is poured.

3 in addition, the Government, through Decree-Law No. 34/2009, of 6 February, has made amendments to the public procurement code approved by Decree-Law No. 18/2008, of 29 January, setting a new threshold for exemption of public procurement on the part of the State, autonomous regions and municipalities. This legislative amendment will lead to a predictable increase of public procurement as a result of direct agreement, concluded under exceptional measures laid down by the said decree-law. This new law can, by itself, deal a serious blow to the rules of transparency and objectivity governing public procurement, as well as increase the risk of corruption and related offences, as it allows the adoption of an exceptional regime of contracting and execution of public works, combined with a notable increase in the discretionary powers by public decision-makers. (Iii) the advertising of contracts in procurement Portal is also already mentioned, ineffective: it is a clear case of a laudable intention whose realization leaves something to be desired. In fact, the public procurement Portal does not allow an effective query, once any interested party wishing to consult the Portal through a keyword is confronted with a huge list of data which can only be viewed sequentially. As a result obvious, this chaining of research hampers the process of research and consultation. It is for this reason that the ANSOL (National Association for free Software – http://ansol.org) created a portal named "transparency in AP" (http://transparencia-pt.org), which offers a service, built with free software that allows you to finally search effectively the public procurement Portal.


4 IV the Council for the prevention of Corruption (CPC), through Resolution No. 1377/2009, published in the Diário da República, series II, no. 93, 5/14/09, seeks to alert all public authorities eventually included in the scope of the Decree-Law 34/2009, of 6 February, the need for increased prevention of the risk of corruption and related offences arising from the exceptional measures established by alluded diploma , namely the enlargement of the possibility of adopting the procedure of direct award. The CDS-PP comes with the CPC in the belief that it is necessary to analyse with particular attention – in conjunction with the Court of Auditors and other public administration – the information introduced in the Internet Portal dedicated to public procurement, with the subsequent routing of the situations considered abnormal for the control organs, organs-criminal police (especially the judicial police) or Prosecutor. The objective of this draft resolution is, moreover, one of the recommendations in the said Resolution, which is to promote the strengthening of the mechanisms of transparency by introducing more information Portal, and more efficient engines and extended search and relationship of data allowing the crossing of relevant information.

Accordingly, and pursuant to article 156 of the Constitution of the Portuguese Republic, the Parliament recommends to the Government that the strengthening of the mechanisms of transparency in public procurement and training, through the adoption of the following measures: 5 1-Introduction, the Portal of public procurement, more efficient engines and extended search and data relationship , allowing the crossing of relevant information, both national and local or regional; 2-change in ministerial order No. 701-F/2008, of 29 July, in order to make mandatory the provision of the following information, for all administrative procedures for the formation of contracts governed by the code of public contracts: the most accurate and complete Explanation) of the goods, services or works covered by the contract; b) publication of the agreement, its annexes and any amendments; c) identification of other competitors-with indication of name, Head Office and tax identification number – and, in particular, of competitors or impugnantes claimants; 3-reconfiguration of the public procurement Portal, with the aim of introducing the possibility of automatic search of contractors, and other competitors, and your concept with good, service or work from words or terms – in particular, names, number, tax partners, seat or establishment, right, service or work; 4-reconfiguration of the public procurement Portal, in order to provide the necessary links or sufficient for obtaining statistical data by contracting authority, contractor or by contract.

Palácio de s. Bento, 15 December 2009. Members, 6