Changes to public contracts

Key aspects

• Eliminates the objective thresholds for public works subcontracts, in line with European Union (“EU”) law.
• Extends, until December 31, 2023, the possibility of using electronic invoicing methods other than those specified in the Public Contracts Code.

Decree-Law 54/2023 of July 14 (“Decree-Law 54/2023”) came into force on July 15, 2023. It amends the Public Contracts Code for the 14th time, aligning the general public procurement regime for works contracts with EU law. Key changes include removing the objective thresholds for subcontracts, allowing their use regardless of the contractual price and when the subcontracting takes place.

Additionally, Decree-Law 54/2023 extends, until December 31, 2023, the possibility of using electronic invoicing methods other than those specified in article 299-B of the Public Contracts Code. This change aims to provide small and medium-sized enterprises with additional time to adapt their systems to the electronic invoicing model approved in Decree-Law 111-B/2017 of August 31.