In an increasingly competitive and globalised environment, participation in international public procurement procedures requires not only technical and financial capacity, but also strict compliance with European public procurement rules.
In Portugal, its application falls within the framework established by the Public Contracts Code, and it is of relevance in international public tenders and in contracts financed by European funds.
The principal advantage of the DEUCP lies in administrative simplification. Instead of submitting, at the initial stage of the application, multiple tax, social security and criminal record certificates, as well as financial and technical documentation, the tenderer is required to submit only this formal declaration.
Supporting documentary evidence will generally be requested solely from the successful tenderer. This mechanism significantly reduces initial administrative burdens and facilitates the participation of companies in other Member States of the European Union.
Nevertheless, the apparent simplicity of the DEUCP should not be mistaken for a lower level of legal scrutiny.
It is a declaration with significant legal value, the content of which must accurately reflect the requirements set out in the tender documents. Errors, omissions or inconsistencies may lead to the exclusion of the tender.
Furthermore, in the case of consortia or groupings of undertakings, each member must submit its own DEUCP, duly aligned with the overall bidding strategy.
Accordingly, the proper completion of the DEUCP requires not only technical knowledge of European and national public procurement regimes, but also a strategic analysis of the tender conditions, ensuring consistency between the declaration submitted and the offer presented.
The Public Law Department of Belzuz Abogados, S.L.P. in Portugal has extensive experience advising companies participating in national and international public procurement procedures.
Our team provides comprehensive support in analysing tender documentation, completing the DEUCP and preparing bids from a legal perspective, ensuring legal certainty, regulatory compliance and competitiveness for our clients in increasingly demanding markets.