Legal Framework
The Comissão Nacional de Aprovisionamento (National Procurement Commission) was established on March 30 th 2011 by the Decree-Law nº 14/2011 following the Decree-Law nº 10/2005. In 2023, the latter Decree-Law was replaced by Decree-Law nº 22/2022 where the law sought to provide improved procurement services to ministries and other public entities in large infrastructure projects and achieve proper transparency for the State’s procurement process. CNA is tasked to:
(a) Carry out procurement procedures worth at least 1,000,000 and above;
(b) Carry out procurement procedures worth less than 1,000,000 whenever solicited by the awarding authority;
(c) Provide support in carrying out procurement procedures of less than US 1,000,000, when requested by the awarding authority;
(d) Issue opinions and recommendations and draw up templates and forms for the standardization of procedures;
(e) Create and maintain databases of interested parties, candidates, bidders, awardees and private contractors where their qualifications are recorded, as well as the fines and ancillary sanctions applied under the administrative offence regime provided in this law;
(f) Promote training for human resources in the procurement area;
(g) Carry out procedures under the administrative offence regime provided in this law;
(h) Such other tasks as may be provided by law.
The CNA handles the procurement of contracts utilizing the government’s Infrastructure Fund regardless of amount. In the exercise of its functions and tasks, the CNA implements the Decree-Law nº 22/2022, May 11 th , on the Procurement Legal Regime, Public Contracts and respective Infractions. The law establishes the general rules for budget execution in the acquisition of goods, services or construction of civil works intended towards the requirements of direct or indirect Government entities. Given the country’s accelerating economic growth, the enhanced capacities of Ministries to implement projects, the need to develop local contractors’ capabilities and the desire to decentralize the procurement process there is currently an ongoing study and discussion between legislators and procurement practitioners for the preparation of a draft for a new Decree-Law. This draft seeks to ensure a more judicious, economical and efficient use of Government resources through a fairer, more transparent and non-discriminatory procurement process.