In Portugal, companies wishing to participate in public tenders must follow a set of specific rules that guarantee transparency and fair competition. Public tenders, whether for works, services, or supplies, are governed by the Public Contracts Code (CCP), a key legislative framework ensuring an open and transparent process. Below, we detail the essential documents that companies must submit to successfully participate in these tenders.
1. Guarantee documentation or Surety Bond
In Portuguese public tenders, it is not common for contracting authorities to require provisional guarantees. This type of guarantee is only requested in very specific cases, such as certain auctions or one-off tenders. The most common requirement is for final guarantees once the contract has been awarded. To meet this requirement without compromising company liquidity, an excellent alternative is the surety bond, which allows you to submit the final guarantee without blocking funds or impacting the company’s banking risk.
Useful reading: Surety bonds: real examples and utility
At Sammy Free, we specialise in the management of surety bonds in Portugal and in 30 other countries across the European Economic Area. Our solution not only facilitates the submission of final guarantees but also enhances a company’s ability to participate in more tenders without locking up financial resources, a key advantage in large-scale projects such as those in renewable energy. With Sammy Free, you can obtain your surety bond policies quickly and efficiently, ensuring project continuity without compromising cash flow.
2. Invitation to submit proposals
This is mainly used in procedures such as direct award or prior consultation.
This document is intended to formally invite economic operators to submit their proposals to participate in the procurement process. It includes the technical and legal requirements that participants must meet, deadlines for submission, contractual conditions, and relevant information about the contract’s subject matter.
In the case of public tenders, the invitation to submit proposals is accompanied by the official announcement of the procedure, which must be publicly available.
3. Construction Permit or Registration Certificate
For tenders involving public works, companies are required to hold a permit issued by the Instituto dos Mercados Públicos, do Imobiliário e da Construção (IMPIC). This document certifies that the company has the technical and financial capacity to execute the project, ensuring it meets the specific requirements of the construction sector.
4. Tax Clearance Certificate
It is essential that participating companies have no outstanding debts with the Portuguese tax authorities. To demonstrate this, they must submit a Tax Clearance Certificate issued by the Autoridade Tributária e Aduaneira (AT). This document confirms that the company is up to date with its fiscal obligations.
5. Social Security Clearance Certificate
Just like the tax certificate, companies must also prove they are in compliance with the Social Security system. This certificate confirms that there are no outstanding debts and that the company adheres to labour regulations, something essential to avoid exclusion during the early stages of the tender.
6. Financial Capacity Certificate
Many public tenders require companies to demonstrate their financial capacity to complete the project. This certificate may include audited financial statements showing that the company has the necessary resources to carry out the work without compromising its financial stability.
7. Criminal Record Certificate
This certificate is required to prove that the company or its legal representatives do not have any criminal records that could affect their ability to meet contractual obligations in the context of a public tender.
Providing these documents ensures that companies can participate transparently and compete fairly in public tenders, in full compliance with national legislation.
8. Declaration of Absence of Conflict of Interest
Every company participating in a procurement process must submit a declaration of absence of conflict of interest, confirming that there is no personal or commercial relationship that could interfere with the award process. This helps maintain the integrity of the procedure and avoids potential challenges from other bidders.
9. Technical and Financial Proposal
As in other European countries, submitting a detailed technical and financial proposal is fundamental. The technical proposal should describe how the project will be executed, timelines, materials and resources to be used, and quality control measures. The financial proposal must follow the tender’s conditions and clearly and justifiably break down the costs.
10. European Single Procurement Document (ESPD)
This standardised electronic form is used to facilitate participation in public tenders across the European Union. The ESPD allows economic operators to declare that they meet the criteria required for participation, simplifying the process by avoiding the need to submit all supporting documentation from the outset.
The ESPD contains declarations related to the bidder’s technical, financial, and professional capacity, as well as confirmation of compliance with legal standards and absence of exclusion grounds (such as convictions for corruption or fraud). In Portugal, this document is mandatory in most public procurement procedures, especially those exceeding the EU thresholds.
How can Sammy Free simplify the bidding process in Portugal?
At Sammy Free, we know that navigating the public bidding process in Portugal can be complex, especially when it comes to meeting the guarantee requirements imposed by public administrations.
To simplify this process, we offer a pre-approved credit line system (Plafond), which allows your company to have a pre-authorised guarantee limit available in advance.
Discover the advantages of contracting a Plafond instead of a single policy.
This means you can access the required policies quickly and efficiently, without waiting for new procedures every time a tender arises. This allows you to participate in multiple public tenders at the same time, with the assurance that your guarantees are covered.
Related article: Strategies to maximise the use of the Plafond
Moreover, one of the main advantages of the surety bond is that it does not immobilise company funds, allowing you to manage your cash flow more effectively and maintain operational liquidity. This gives you the financial flexibility you need to continue your activities while participating in tenders. Here you’ll find all the information on how to obtain it.
If you’d like more details on how we can support you in managing guarantees for public tenders in Portugal, contact the Sammy Free team. We’re here to help your company grow and position itself competitively in both the Portuguese and European markets.
