Don't know what Public Procurement and Public Law are? Want to know more about lawyers for public procurement?

In this article, you will find all this information, and at Catarina S. Gomes – Lawyers in Braga, you can find the best lawyers for public procurement.

Public law is the branch of law that governs the relationship between individuals and the state, as well as the organisation and operation of the state itself. It encompasses areas such as constitutional law, administrative law, criminal law, and international law.

O Public Law intervenes in the main areas of the public sector, which play a fundamental role in the economy, such as energy, health, transport, among others.

In this branch of law, there is a relationship between the State and the individual, creating a hierarchy in which the State is superior, ensuring the rights of all and representing the interests of individuals. This branch is formed by names with a great social and organisational focus.

We are all subject to the laws of Public Law. They are mandatory rules that we must follow for a good environment in society.

Public Law therefore focuses on the rights of society, the relationship between private individuals and the State, and also on the State's own functioning.

Public Law is divided into its own specific areas, such as:

• Constitutional Law;
• Administrative Law;
• Criminal Law;
• Financial Law;
• Tax Law;
• Procedural Law;
• Public Procurement;
• Urban Law;
• Environmental Law;
• among others.

What is Public Procurement?

Public procurement concerns the formation of public contracts, that is, the set of formalities relating to the formation, conclusion and full legal effect of a public contract.

Public procurement can be identified in three phases, such as:

• Preparatory phase

This phase begins with the decision to contract and relates to the initial phase of the procedure and the investigatory phase, which will conclude with the selection of the winning bid.

• Final phase

This phase relates to the conclusion of the contract, through the signing of the contract, both in paper and digital format.

• Complementary phase

This stage can be identified when the full effectiveness of the public contract depends on subsequent acts after the contract has been concluded, such as approval, endorsement and publication.

 

Public procurement procedures are:

• Direct adjustment (general and simplified)

Procedure in which the contracting authority directly invites an entity, at its discretion, to submit a proposal. Simplified direct award dispenses with procedural formalities and concludes when the competent authority for the contracting decision approves the invoice or equivalent document submitted by the invited entity, proving the acquisition.

 

• Preliminary hearing

Procedure in which the contracting authority directly invites at least three entities of its choice to submit a proposal, with whom it may negotiate the aspects of the performance of the contract to be concluded.

 

• Public competition (standard and urgent)

Competitive procedure, published in the Official Gazette, where there is no prior phase of competitor qualification. In the case of an urgent public tender, the deadline for submitting proposals is reduced.

 

• Competitive dialogue

This is a procedure used for situations where the contracting authority, despite having identified its need, does not know how it can be satisfied. In this process, there is no possibility of negotiation.

 

 

• Restricted competition with prior qualification