Public procurement and Covid-19 in Portugal: the particular case of the acquisition of institutional publicity related to the pandemic disease

Abstract

In addition to several other exceptional legal measures adopted in regard to public procurement related to the pandemic of the disease Covid-19, the Government also enforced a specific regime for the acquisition of institutional publicity related or associated to Covid-19. However, this framework (set forth in article 2nd-B of Decree-Law no. 10-A/2020, of March 13, added by Decree-Law no. 20-A/2020, of May 6) is highly problematic and raises several issues, as, under the “cover” of a procurement regime, it is actually a direct public subsidization to the social media market, with a full upfront payment based on grounds of “urgency” that does not seem compatible with the public procurement rules.