Regulation no. 1000/2025 of 18 August: Rules for the Transmission of Data on Simplified Direct Adjustments

On 18 August, the Institute of Public Markets, Real Estate and Construction, I.P. (IMPIC, I.P.) published Regulation no. 1000/2025. This regulation establishes the rules for transmitting data on simplified direct arrangements.

In force as of 1 October 2025, this Regulation follows on from the provisions of Article 5(2) of Order no. 318-B/2023 of 25 October, which stipulates that the way in which information on simplified direct arrangements is to be collected is to be stipulated in a regulation approved by IMPIC, I.P., published in the Diário da República and on the BASE Portal.

Thus, aware of this legal obligation, and with the additional aim of preventing the high administrative costs inherent in this obligation to communicate contracts concluded under simplified direct arrangements, IMPIC, I.P. has created the aforementioned regulation, the details of which we will now explain.

In terms of its applicability, Regulation no. 1000/2025, of 18 August, applies both to contracts concluded following simplified direct award procedures adopted under article 128 of the Public Contracts Code (CCP) and to contracts concluded following simplified direct award procedures adopted under article 2(c) of Law no. 30/2021, of 21 May (which approves special public procurement measures).

Despite this scope of application, the applicable regime differs depending on the legal basis that justifies the simplified direct award procedure.

With regard to the regime:

• Contracts awarded following simplified direct award procedures adopted under Article 128 of the CCP must be registered on the BASE Portal for the collection and processing of statistical information on public procurement in Portugal.
• In turn, contracts concluded following simplified direct arrangements adopted under Article 2(c) of Law 30/2021 of 21 May must be registered and publicised, which is a condition of their effectiveness.

Also with regard to publicising information, the rules enshrined in these regulations differ depending on the type of procedure:

• The information communicated to the BASE Portal regarding simplified direct arrangements adopted under the CCP will only be made available on the private part of the BASE Portal, with exclusive access to the contracting authority that publicised them, as well as to public bodies with auditing, supervisory and regulatory functions.
• For its part, the BASE Portal makes publicly available information on contracts resulting from the adoption of simplified direct arrangements under the special public procurement measures defined in Law no. 30/2021, of 21 May, or any other legal diploma that provides for this obligation.

Despite the differences just pointed out, the forms and sources of communication are identical between the simplified direct arrangements.

In fact, as far as communication to the BASE Portal is concerned, it follows the rules laid down in Article 7(5)(a) of Ministerial Order 318-B/2023 of 25 October. This article, referring to the data block set out in Annex XIV of the Ordinance, defines the mandatory and optional information to be made available.

Among the forms and sources of data communication, three options are available (for which the Regulation subsequently sets out some specifics):

• Through the reserved area of the BASE Portal, using a specific form called "simplified direct award" or "simplified direct award under Law no. 30/2021, of 21 May", which presupposes the individual communication of a procedure for each registration;
• Through the reserved area of the BASE Portal, using a specific form called "aggregate communication - simplified direct award", which presupposes communication through a file available in the reserved area of the BASE Portal, allowing multiple records to be imported simultaneously, provided that this does not conflict with the effectiveness condition laid down in Law no. 30/2021 of 21 May;
• By means of a webservice sent by electronic public procurement platforms and management software.

Finally, with regard to communication deadlines, there is a new divergence in the regime:

• Contracts concluded under the simplified direct arrangements provided for in article 128 of the CCP must be communicated by the end of the calendar year in which they are concluded (with the exception of contracts with a performance period of more than one year, in which case their communication must be made in the last calendar year of the contract's performance);
• Simplified direct arrangements made under Law no. 30/2021 of 21 May must be reported to the BASE Portal no later than 20 working days after the closing date of the contract, understood as the date of payment of the last invoice accepted by the public contractor or the date of material execution of the contract in the case of full price advances. As previously stated, this communication is a condition for the effectiveness of contracts, under the terms of Article 19(1) and (7) of the aforementioned law;
• In turn, the communication of simplified direct award procedures contained in any other legal diploma that provides for the obligation to communicate and make publicly available the contracts resulting from these procedures, follows the requirements set out in those diplomas.

Finally, Regulation no. 1000/2025 of 18 August clarifies that the provisions of Order no. 318-B/2023 of 25 October and other legislation in force on the matters covered by the Regulation are supplementary rules.

In turn, any doubts raised in the application of the provisions contained in the aforementioned Regulation will be resolved by decision of the Board of Directors of IMPIC, I. P..