The Portuguese eSPap is the manager of the Public Procurement System in Portugal (SNCP). The following RBC objectives feature in eSPap’s procurement function:
Environment
Labour rights
Social considerations
Integrity
Strategic frameworks
Portugal has a National Strategy for Green Procurement 2020 (ENCPE 2020), which defines 21 priority categories of goods and services for Green Public Procurement (GPP).
2. Implementation
The eSPap, acting as a Portuguese central purchasing body (CPB), takes into account RBC policies in every stage of the procurement cycle either in the selection or in qualification criteria of the awarded suppliers.
Tender phase
Contracting authorities must ensure that the technical specifications of the tender take into account environmental considerations, such as a maximum level of CO2 emissions, online licensing of software, minimum level of recyclable parts of specific goods, paint or materials used in furniture complying with environmental legislation.
To promote higher participation of SMEs, eSPap structures some of its framework agreements in regional lots (when applicable). In addition, for any framework agreement, SMEs can participate in the tender as a consortium.
Most framework agreements awarded by eSPAP use green criteria, even for the categories that are not included in the National Strategy for Green Procurement , such as Software Licensing, Maintenance Services for heating, ventilation, and air conditioning (HVAC) Systems or Maintenance Services for Lifting Equipment.
To ensure comprehensive inclusion of environmental criteria in call for tender for framework agreements, public entities can draw on a model for evaluating proposals. In addition, at the stage of selection and qualification of suppliers or during the selection of goods for the framework agreements, public entities must respect environmental aspects.
To avoid price increases above the maximum price, suppliers are qualified with the maximum unit price presented in the proposals during the call stages, even if later on the public entities define other ecological criteria during the calls.
3. Good Practices
To promote the inclusion of environmental criteria in the procurement procedures, the Portuguese Direct Public Administration must comply with the National Strategy for Green Procurement. Indirect Public Administration, such as public companies and municipalities, can also adopt this strategy voluntarily. In addition, all Portuguese entities must respect the legislation regarding the recycling of goods or parts of goods.
There are labour rules that establish the maximum working hours per day, per week, per year, minimum number of days off, minimum wage and other benefits such as insurance, lunch allowance, etc. These rules are mandatory and public entities should include them when hiring staff (e.g. security or cleaning services).
According to the Public Procurement Code, a supplier can only be awarded a public contract if the company proves that it is free from debts with Social Security or the Tax Authority and that its directors have a clean criminal record.
In the qualification and evaluation phases (when and if applicable) public entities can include performance criteria, i.e. criteria related to the way the contract will be executed (e.g. by disabled people, by ex-employees) and may give additional points in the evaluation of the proposal to the supplier that meets the criteria established in the documents of procedure.
