Public contracts execution shall be monitored and controlled by:
(a) The Project Owner or the Delegated Project Owner through the Project Officer, the Contract Engineer and the Project Manager, as appropriate;
(b) The Ministry in charge of public contracts through impromptu controls;
(c) The Independent Auditor through public contracts ex-post audits;
(d) Other State control bodies provided for by the laws and regulations in force.
Public contracts execution control shall aim to ensure compliance with the quality, comfort, safety and sustainability standards of the facility.
Project supervision shall be carried out by a private law natural person or corporate body, for works and supplies contracts of an amount exceeding the thresholds laid down by a separate instrument of the Authority in charge of public contracts.
However, the Ministry in charge of public contracts may notify government services with appropriate technical capacity, or whose organic instruments cover engineering studies and control, of its waiver of such private project supervision.
For contracts of amounts below the price thresholds referred to in (3) above, the Project Owner or the Delegated Project Owner without the required skills must contract a public or private law external project supervisor to control execution.
Public project supervision shall be carried out by the Contract Engineer.
The supervision of intellectual service contracts for studies and audits shall be carried out through a follow-up and technical validation committee. This committee shall comprise, among others, members extraneous to the services of the Project Owner or the Delegated Project Owner.
Where the Project Owner or the Delegated Project Owner does not have qualified personnel to prepare and monitor insurance contract execution, he may use the external expertise of a specialist in the areas covered by the insurance, for the definition of technical specifications of services to be delivered, and/or contract execution monitoring. Where such a professional is required to work as a broker, he must be approved in accordance with the regulations in force.
Pursuant to the provisions of Law No. 99/17 of 22 December 1999 to lay down regulations for the quality control of soils, building materials and geotechnical studies and its subsequent amendments, the execution of contracts subjected to controls shall be contingent upon the production, by the contractor, of a compliance certificate attesting that the said controls were regularly carried out and were satisfactory.
The certificate shall be issued by the government body in charge of controlling the quality of land and construction material, based on the technical file presented by the supervisor and, as appropriate, by the contractor.
For works contracts whose execution is not controlled by a private project manager, the Project Officer or the Contract Engineer, as well as other stakeholders in the monitoring and control of the delivery of services shall receive an allowance determined by decision of the Project Owner or the Delegated Project Owner.
This allowance, as well the equipment required for control, shall be charged to the budget of the Project Owner or the Delegated Project Owner.
The public or private project manager shall be bound to forward his monthly and final reports to the Project Owner or the Delegated Project Owner, the Minister in charge of public contracts and the body responsible for public contracts regulation.
The terms and conditions for carrying out public project supervision shall be laid down by a separate instrument of the Authority in charge of public contracts.
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