Overview
- Decree 5/2026 was published in the Official Gazette, amending Decrees 1030/2016 and 1169/2018 to expand ineligibility criteria in public contracting.
- The change makes any person or company listed as ineligible by the World Bank or the Inter-American Development Bank automatically excluded while the listing remains in effect.
- The reform removes the prior requirement to link exclusions specifically to OECD-style transnational bribery, addressing practical difficulties in applying that standard.
- Contracting entities must directly verify MDB ineligibility lists at the offer-evaluation stage rather than rely on sworn declarations from bidders.
- The measure covers public works, concessions, and the procurement of goods and services, takes effect in 15 days, and will apply to procedures authorized or called after that date.