COMMUNICATION
On
September 12, 2018, the National Portal of State Suppliers was created through
Decree-Law no. 72/2018, which aims to allow different public entities to verify
the absence of impediments to contracting, the existence of licenses or
authorizations to exercise a commercial activity and the tax and contributory
situation of suppliers.
Recently,
Ordinance No. 52/2021, of 9 March, was published, which defined the levels of
access to aggregated information on the Portal, by each type of public entity
(contracting entities, public contractors, electronic public procurement
platforms and inspection entities).
Registration
on this Portal is optional.
Suppliers
who choose to do so will be exempted from providing proof of regularized
contributory situation with Social Security, of no debts to the Tax
Administration, criminal record certificates of the company and of the
administration, directorate or management bodies and the licenses and
authorizations for the exercise of the activity (when mandatory), either in the
pre-contractual phase or during the execution of the contract.
Registered
suppliers may also be included in the catalogue to be created, by type of
goods, services or public works and thus be more easily invited to procedures
for direct agreement or prior consultation by contracting entities.
The
aggregated information on the Portal can only be accessed after the express
consent of the suppliers, expressed at the time of registration, unequivocally,
and, in the case of legal persons, the holders of the administrative,
management or management bodies must individually provide the consent, given
that the Portal will also aggregate information on its suitability for the purposes
of the provisions of paragraphs b) and h) of article 55 of the CCP, related to
the criminal situation.
If
the supplier consents, data may be made available to the public, such as
information on the locations where it has representations, CPV codes for the
main goods, services and works and e-mail and website addresses.
Furthermore,
in the case of entities with functions of audit, inspection, and regulation of
public contracts, they can have access to the information contained in the
Portal, for the performance of the respective mission. However, it is still unknown
in what terms access will be granted, given that it will depend on the protocol
to be signed between IMPIC, IP and each entity.
The Ordinance that defines the amount of the annual fee to be paid for
the registration in the Portal and maintenance of the criminal record is still
to be approved.
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