On 18 February 2023, Decree Law 11/2023 of 17 February, which establishes the Electronic Public Procurement Platform and regulates the electronic processing of public procurement procedures, came into force in Cape Verde.

This law is intended to meet the objective of implementing an electronic public procurement system, enshrined in article 199 of the Public Procurement Code (approved by Law 88/VIII/2015 of 14 April). The law seeks to achieve (i) increased efficiency, accuracy and transparency in public procurement procedures, (ii) simplified procedures, (iii) increased competition by opening pre-contract procedures to economic operators based abroad, and (iv) the rationalisation and optimisation of public expenditure.

I. Scope of application

The use of the electronic platform will be compulsory for:

  • The processing of public procurement procedures subject to:
    1. The Public Procurement Code (PPC); and
    2. The Legal Framework for Administrative Contracts, when concluded by the contracting authorities listed in the PPC.
  • The following participants in the National Public Procurement System: contracting authorities, control bodies, bodies responsible for carrying out the procedure, members of the jury, economic operators and persons interested in the procedure.

The Decree Law which establishes the Electronic Public Procurement Platform and regulates the electronic processing of public procurement procedures, came into force in Cape Verde.

Furthermore, the electronic processing of the following acts is excluded from the scope of application of this law, at least until the technical conditions are in place for this purpose:

  1. The decision to award the contract;
  2. The authorisation of expenditure; and
  3. The approval of the procedural documents.

In addition, the electronic processing of public procurement procedures in the fields of defence and security may be excluded for reasons of protection of the essential security interests of the State of Cape Verde, by order of the member of the Government responsible for managing the electronic platform.

II. Electronic Public Procurement Platform

The electronic platform to support the processing of public procurement procedures is now available.

The requirements to access the platform are:

  1. Payment of the platform access fee. This will not be due until 1 January 2026 and will be regulated by decree of the member of the Government responsible for finance;
  2. Prior registration of interested parties, subject to confirmation by the Directorate-General for Patrimony and Public Procurement (DGPCP); and
  3. Prior authentication of users through the Autentika platform.

The electronic platform already has the following functionalities for the management of public procurement procedures and the execution of actions by users:

  • Management and access to procedures and related documents;
  • Sending messages through the electronic platform;
  • Requests for clarification;
  • Submission of applications and proposals;
  • Statement within the framework of a prior hearing;
  • Administrative objections;
  • Submission of qualification and guarantee documents;
  • Viewing of all messages and notices issued by contracting authorities.

III. Phases of the electronic processing

The electronic processing of public procurement procedures must comply with all the requirements and conditions laid down in the PPC and other applicable legislation.

It is therefore provided that the submission of documents and the notifications and communications made through the electronic platform are equivalent in all respects to the corresponding submissions made directly to the authority responsible for conducting the procedure and sent by email, fax or registered letter with acknowledgement of receipt.

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