Macau: Public procurement rules under revision

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Ruins of Saint Paul's Catholic Church with tourists. They are one of Macau's famous landmarks.

Public procurement rules and procedures in Macau at the moment are spread among the different statutes that regulate the different types of contracts that can be entered into with/by Macau public entities. However the government is preparing a Bill with the goal of simplifying and updating, as well as enhancing the public procurement legal regime.

As of today, Decree-Law 122/84/M, Gazetted on December 15 2018, provides the regime as regards expenses incurred in respect of construction works and the procurement of goods and services by the government; while Decree-Law 63/85/M, Gazetted on July 6 2018, provides the regime for public tenders when they are mandatory for the procurement of goods and services under Decree-Law 122/84/M.

On the other hand, Law 3/90/M, Gazetted on May 14 2018, provides the bases for the regime and procedures for concessions relating to public construction works and public services, establishing the public tender as the default procedure for concessions relating to public works involving buildings or facilities for public use and public services.

The new Bill will: set the principles applicable to public procurement procedures; detail and regulate the different types of procedures that may be adopted by the adjudicator; and, define the rules for the participation of bidders and the bidding process and the criteria to be considered on adjudication.

Further to the simplification of the regime, the new Bill will also inter alia: expand the applicability of the public procurement rules to the execution of leasing contracts (of movable and immovable property); introduce a new procedure for public procurement (competitive negotiation); and, enhance the rules for the constitution and work of the tender commissions.

The main goal of the revisions to the public procurement regime is to increase publicity and transparency, and to promote fair competition.



João Nuno Riquito

Bruno Almeida

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