LEGAL ALERT: Revision of the Public Contracts Code. What changes on October 1st?

By the Public and Administrative Law Team at Global Lawyers

Decree-Law no. 177/2026, of September 4, introduces a significant revision to the Portuguese Public Contracts Code (CCP), with a direct impact on the preparation, processing, and execution of public procurement procedures. Entering into force on October 1, 2026, the new rules bring opportunities for simplification but require greater rigor in the justification of decisions.

The Administrative Law team at Global Lawyers summarizes the main changes that will impact both contracting authorities and economic operators:

1. Increased Thresholds: Direct Agreement and Prior Consultation One of the most impactful practical changes is the increase in maximum thresholds for simplified procedures:

• Direct Agreement (Ajuste Direto): Now possible for public works contracts with an estimated value of less than €150,000, and for the acquisition or leasing of movable goods/services with a value of less than €75,000.

• Prior Consultation (Consulta Prévia): The limit rises to values below €1,000,000 for public works contracts, and below €130,000 for the acquisition of goods and services.

2. Procedural Flexibility and Negotiation The new regime introduces flexibility mechanisms, especially in public tenders below the European thresholds, allowing the process to be adapted to the specific characteristics of the contract. Additionally, in certain situations foreseen in the CCP, a formal proposal negotiation phase can now be introduced, provided it is defined in the tender documents.

3. Stricter Evaluation: Non-Adjudication Rule Simplification is accompanied by stricter evaluation criteria. The revision now expressly provides for the possibility of non-adjudication of the contract if none of the submitted proposals reach the minimum overall score previously set in the procedural documents.

4. Dispute Resolution The diploma also introduces relevant changes regarding the use of arbitration and other alternative mechanisms for the prevention and resolution of disputes, seeking to streamline conflict resolution during contract execution.

This revision increases the importance of correctly preparing procedural documents and complying with public procurement principles. Global Lawyers assists contracting authorities and private companies (economic operators) in interpreting the new CCP, preparing procedures, and preventing disputes.

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