PPC Empowered to Declare Invalid PPP Contracts
The government approved on Friday new regulations empowering the Public Procurement Commission (PPC) to review the validity of concession and public-private partnership (PPP) contracts, in accordance with Law No. 88/2025.
Economic operators may appeal a contract within six months of the day following its signing. Upon receipt of an appeal, the PPC shall order the "immediate suspension of contract implementation" pending a final decision, unless such suspension would compromise matters of essential public interest.
The PPC may declare a contract absolutely invalid if it finds that the conditions stipulated in Article 72 of the law are met. According to the decision, costs associated with delays, the conduct of a new procedure, a change of operator, or obligations arising from the invalidity do not constitute sufficient grounds of public interest to keep the contract in force.
In cases where the contract is not declared invalid, the Commission may shorten its term or impose a fine on the contracting authority of up to 10% of the contract value.
In a separate decision, the government established rules regarding electronic communication for competitive procedures. The publication of concession tender documents and the submission of bids will be carried out electronically, while the rules of public procurement legislation will apply to PPPs.
The new decision repeals the 2014 rules on electronic procedures and, together with the act regarding the invalidity of contracts, will enter into force alongside Law No. 88/2025 on concessions and public-private partnerships.





