Article 113 (2) of the Public Contracts Code: a new legal regime, a new era

Authors

  • Carlos Vaz de Almeida Faculty of Law, Nova University of Lisbon, Campus de Campolide 18, 1099-032 Lisbon
  • Francisco Bessa de Carvalho Faculty of Law, Portuguese Catholic University, Palma de Cima, 1649-023 Lisbon
  • Diana Santiago das Neves Faculty of Law, University of Lisbon, Alameda da Universidade – Cidade Universitária, 1649-014 Lisbon – Portugal

Keywords:

Amendments to the Public Contracts Code; Paragraph 2 of Article 113 of the Public Contracts Code; Choice of the Tenderers; Direct Award and Prior Consultation; Non-Retroactivity of the Law

Abstract

The purpose of this article is to analyze the regime set out in paragraph 2 of article 113 of the Public Contracts Code. In this context, we will seek to tackle the issue of whether or not, with the entry into force of Decree-Law no. 111-B/2017, of 31 August, the contracts awarded in 2016 and 2017, to a given economic operator, via a direct award, should be factored by contracting entities for the purposes of the limits currently defined in paragraph 2 of article 113 of the Public Contracts Code.

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Published

03-05-2018

Issue

Vol. 4 No. 3 (2017): Forest Reform

Section

Thematic Issue

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