澳門特別行政區政府採購的判給及相關行為

The procedure of carrying out a public tender for government procurements in the Macao Special Administrative Region must be implemented in accordance with the law. Before signing a procurement contract between the procuring entity and the awardee, competent entities must review certain key legal steps. However, the competent entities related to the awarding of contracts and relevant acts stipulated by the two procedural laws of government procurement in force are not exactly the same. In practice, the personnel of procuring entities will request that the relevant acts be reviewed by the entities with per se competence, delegated competence or sub-delegated competence. On the other hand, the laws in force do not restrict the form of the award and gives the awarding entities discretion to decide on a “whole award” or allow a “partial award”, whereby one or more awardees will be offered the procuring project. This leads to the authorization of a total expense or several individual expenses, as well as the signing of one or several procurement contracts. But, the drafted law for the reform of the government procurement law presently stipulates that, in a procurement procedure, one proposal can only be awarded, which will undoubtedly jeopardize this practice. In this regard, this article analyses the relevant acts and situations one by one, in order to ensure that procuring personnel can understand the legal provisions and implement procurement works in accordance with the law.