After more than five years since the publication of Law No. 20/10, of September 7, the National Assembly of Angola approved an important amendment to the Public Procurement Act - now denominated "Lei dos Contratos Públicos" - by Law No. 9/16 of 16 June.

This review has the purpose to bridge the gaps that have been identified over the years of implementation of the Law.

Considering the modernization and simplification scope of public procurement procedures, it stands out the new legal recognition of simplified procurement procedure applicable to low-value procurement and material situations justifying the adoption of a non-competitive procedure.

In this regard, the Law eliminates the qualification phase of the tender, clarifying that this is the difference between the public tender procedure and the restricted procedure with pre-qualification.

The Law also eliminates the negotiated procedure, determining that the contracting authority may insert into any procurement procedure a phase of negotiation of the proposals.

The special procedure dubbed "electronic dynamic purchasing systems" is now omitted taking into account the national and international practice revealed their rare use.

The situations where used to be applied the special procedure for procurement of consulting services, they now pass to be subject to the general rules of procurement applicable to purchases of services.

This law also introduces a new regime dedicated to framework agreements, as special instruments of procurement.

It is likewise important to note the progress of this Law towards the unification and standardization of the procedural rules and the performance regime of public contracts. For this purpose, this Diploma regulates simultaneously the formation regime of contracts most used in the Angolan administrative practice.

The law features innovatively about the performance regime of lease contracts and purchase of goods and services. The public works procurement regime, although has suffered some changes, remains the essence of the previous one.

The law features innovatively about the performance regime of lease contracts and purchase of goods and services. The public works procurement regime, although has suffered some changes, remains the essence of the previous one.

It is also important to note that, besides the Law No. 9/16 of 16 June, were published some regulations, in particular the Presidential Decree No 196/16 of 23 September, on the fee for the provision of procurement procedure pieces and the Presidential Decree No. 198/16 of 26 September, regulating the registration and certification of State suppliers. Similarly, is already disciplined the formation and execution of framework agreements by Presidential Decree No. 199/16 of 26 September, and is still be important to mention the Presidential Decree No. 201/16 of 27 September, which has set the specifications for type contracts of public works, procurement of goods and acquisition of services.

In collaboration with:

Filipa Tavares de Lima | Partner | FTL Advogados - Angola