As already promised, the Council of Ministers that took place yesterday in Bragança brought several news to the area of the Information Society. In addition to the already known intentions of approving the creation of the Knowledge Society Agency and the new acquisition regime in the area of communications, the Government also approved the draft Law that establishes the regime for the acquisition of goods and services electronically in the Administration Public.
This latter law partially transposes the directive 2004/18 / EC of the European Parliament and of the Council, published on 31 March this year, into the national legal order. It defines that the Public Administration must conclude contracts for the acquisition of goods and services electronically, except when it becomes impossible or excessively expensive.
At the same time, the proof regime is simplified and the temporal sealing of documents delivered using time stamp. The Purchasing Portal, which should be launched in November, is defined as a mandatory means of advertising for advertisements published in the Diário da República and payments by electronic funds transfer are now mandatory.
The new decree-law also determines that it is mandatory to advertise the award of procurement procedures with a value greater than 124,699.47 euros, a measure that aims to ensure greater transparency. However, contracts defined as exceptional in Decree-Law no. 197/99, article 76, are safeguarded.
The diploma has now been approved in general, and the legally required hearing procedures must be complied with, as well as prior notification to the European Commission. The same procedure applies to the Decree-Law that establishes the public procurement regime related to the lease and acquisition of goods, services and electronic communications networks, also approved yesterday, and which had already been previously announced by the Minister of the Presidency, Morais Sarmento ( see Related News).
Also transposing European directives, the diploma determines that at least three suppliers are consulted for the purchase of goods and communication services in the Public Administration, establishes criteria that include the evaluation of proposals and the preparation of evaluation reports. The diploma also establishes the obligation to reduce service provision contracts in writing and eliminates the «exemption from procedures for the acquisition of voice telephony, telex, mobile radio telephony, paging and satellite communications, for the State and Public Institutes» , referred to in the document.
Renewal of public service contracts initiated at the time of entry into force of the law is also prohibited, which should happen only in the first months of the year due to the bureaucratic procedures still to be carried out with the European Commission.
2004-11-10 – UMIC assumes new legal personality at the beginning of 2005
2004-11-09 – 14th APDC Congress – Government approves this week new rules for the acquisition of communications in the AP