Ana Rodrigues de Almeida examines exceptional regime applied to PJ contracts
Ana Rodrigues de Almeida took part in an RTP report on contracts entered into between the Polícia Judiciária and Construbarcelos, several of which were awarded under the excluded procurement regime.
In the report, the lawyer explained that this regime allows the general public procurement rules to be set aside where special security requirements are at stake. However, she stressed that its application is not automatic and requires specific justification: “It is not enough for the contracting authority to have responsibilities in the field of security.”
Ana Rodrigues de Almeida also emphasised that the characteristics of each contract must be assessed and that it must be demonstrated that applying the ordinary rules could jeopardise essential security interests. “There must be a statement of reasons that makes it possible to understand why that particular contract is excluded,” she said.
The report examined nine contracts entered into by the PJ with the construction company, with a total value of approximately €1.45 million, highlighting the legal conditions that allow this exceptional regime to be used.
Read the full article here (available only in Portuguese).
