Ana Luísa Guimarães takes part in IV Volume of Studies in Public Procurement

NEWS AND EVENTS 08 Apr 2013

The IV Volume of Studies in Public Procurement, edited by Prof. Pedro Costa Gonçalves and published by Coimbra Editora, has just been launched, and it includes an essay by Sérvulo associate Ana Luísa Guimarães entitled «A forma "ato administrativo" na execução dos contratos e o caso (aparentemente) nebuloso da caução» («The term “administrative order” in the execution of contracts and the (apparently) nebulous case of the tender guarantee»).

The essay deals with the issue of delineating the area covered by administrative orders in the execution phase of contracts (contractual administrative orders) as per Art. 307 of the Public Procurement Code. This norm, one of the most innovative ones of the statutory scheme for execution of administrative contracts set out in said Code, deals precisely with the nature of the declarations made by the public contractor in the execution of administrative contracts, and establishes the use of an administrative order as an exceptional case. However, there is still ample room for debate with regards to the definition of the nature of the administrative order in the case of declarations made by the public party during the lifespan of a contract.

The execution of the tender guarantee presented by the Administration co-contractor as insurance for a smooth and timely fulfillment of the contractual obligations it has taken on is one amongst many examples of contractual declarations made by the public contractor that are likely to fall into this area of debate.