Could the COVID-19 be grounds for streamlining acquisition procedures?

As per Decree 43/2020, and as a measure related with (inter alia) provision of services, the Ministry of Finance is put in charge of setting up a Public Procurement Body. The actual extent of the powers and purpose of this body is not, however, specified in Decree 43/2020.

The above said, we note that under the Law on State Contracts, there are some contracts that may be directly awarded by the State (i.e., without the need to undergo a longer/more cumbersome procedure), but solely in very special circumstances (including in the case of works where there is recognized urgency emerging as a consequence of unforeseen circumstances requiring prompt performance and/or when the security of the State requires special guarantees or confidentiality from but the State cannot carry out the works itself) and provided certain requirements are met.



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All information contained herein and all opinions expressed are of a general nature and are not intended to substitute recourse to expert legal advice for the resolution of real cases.