Indeed, the new derogation regime, which aims to accelerate public procurement in projects financed with European funds and by the Recovery and Resilience Plan (PRR) to “accelerate the recovery of the economy”, does not accelerate much, if any, points out a study by the Court of Accounts (TdC), released this Friday.
Public contracts using this type of greenway represented only 0.24% of the total (contracts worth less than 750 thousand euros, the vast majority) between mid-June 2021 and the end of July, the period in which the judges’ analysis.
It should be recalled that this new, more “flexible” framework was approved by the socialist majority in parliament in May last year, but already after a veto by the President of the Republic (PR), Marcelo Rebelo de Sousa, who “more verification of legality” in public procurement, in particular those involving Community funds, “in return for greater simplification”.
The PS then modified the text to meet PR requirements and approved a regime that ostensibly simplifies but, the Court now says, little or nothing has been used by public sector bodies.
The law entered into force on June 20, 2021 and approved “Special Measures on Public Procurement (MECP)”, translated into an exceptional regime with the aim of simplifying and streamlining pre-contractual procedures and thus stimulating the restart of the economy,” says the Act. the court.
Law No. 30/2021 provides for “special measures for public procurement in terms of projects financed or co-financed by European funds, housing and decentralization, information and knowledge technologies, health and social support, implementation of the stabilization program and social and recovery and resilience plan”.
The analysis of the period from June 20, 2021 to the end of July 2022 shows that the new regime was practically ignored, with public entities opting for the existing, possibly more time-consuming, tools. This may help explain some of the slow implementation of European funds, including PRR.
It should also be remembered that the debate on the delay in the implementation of European funds and the PRR has grown in pitch, with public “rebukes” from the President of the Republic to the Minister of Cohesion, Ana Abrunhosa, and several senior officials warn of the dangers that the delay in the use of European funds poses for the future of the economy. This is the case of the Governor of the Bank of Portugal, Mário Centeno, and the President of the Public Finance Council, Nazaré Costa Cabral.
On November 5, the PR tightened its grip and said to the Minister of Cohesion, Ana Abrunhosa, who oversees the European funds (but not the PRR, it is with the Minister of the Presidency, Mariana Vieira da Silva): super unlucky for you will be the day when i find out that the speed of execution of european funds is not what i think it should be in that case i will not forgive you i hope that day does not come but i will be attentive to to come to the case”.
The government has responded to different voices, through different ministers, saying there is no problem, everything is going according to plan.
Court of Audit notes many problems
For the Court, this is not the case in the specific case of public procurement that can speed up the implementation of European investments and funds.
“406 contracts were signed under the MECP [medidas especiais de contratação pública – o novo regime]involving a global amount of EUR 49,941,694.91,” according to the TdC.
“These 406 contracts represent only about 0.24% of the public contracts worth less than 750 thousand euros registered on the public procurement portal during the same period, which still indicates a very insignificant degree of application of this regime” the Court warns.
In other words, in the period from June 20, 2021 to June 30, 2022, 170,103 contracts of less than 750 thousand euros were communicated. Therefore, the 406 concluded contracts “represent only 0.24% of the registered contracts in the same value class”.
And the demobilization in relation to this “green road” is even increasing. The weight of the contracts using it was already marginal and has now fallen to almost half. “From November 2021, this percentage will be [de utilização do novo regime] was 0.43%,” says the same study of public accounts accountants.
The Court explains that “72.8% of the amount contracted under the MECP related to projects financed or co-financed by European funds, including the Recovery and Resilience Plan (PRR)”, and that the poor compliance with the instrument could be detrimental to the mobilization of funds.
“More than half of the funds (56.4%) were for the purchase of computer equipment, software licenses or services related to information and communication technologies (ICT),” explains the same jury.
“Special measures for public procurement are still used on the mainland, albeit to a limited extent, especially in the area of procurement of services, where the use of this regime is practically nil in the autonomous regions”.
In addition, there are the usual problems that the Court usually finds with regard to the rules and the provision of complete and timely information on the use of public money.
“There are still shortcomings in the documentation and justification of decisions, in particular as regards the explanation of the needs to be met, the shortening of the deadline for submitting proposals and applications, the choice of entities to be invited to prior consultation and immediate adjustments and the justification and fairness of the price accepted,” notes the TdC.
In addition, “in 26.85% of cases declarations of the absence of conflicts of interest were not required from those involved in public procurement procedures”.
The Court also states that “although the consultation procedures impose the invitation to five entities to submit a proposal, there are still many situations where some of the invited companies do not submit a proposal”.
“Some instances of non-compliance with the MECP’s duty of disclosure to the Court of Auditors, of producing contractual consequences prior to disclosure to the Court of Auditors and of possible lack of respect for the required procedures, which will be the subject of an in-depth and individualized assessment ”, warns already entity that controls the use of public money.
Luís Reis Ribeiro is a journalist for Dinheiro Vivo
Source: DN
