RMACHADO GROUPINSURANCE INTERMEDIARY

Practical guide · Public procurement and guarantees

Surety insurance for Portuguese public procurement: can you reuse wording from another procedure?

A company has used surety insurance in another tender and wants to reuse the wording. First check the new procedure's documents. The same guaranteed amount and insurer do not demonstrate that the wording meets the obligation now required.

By RMACHADO GROUP · · 2 min read

THE ESSENTIALS

Before you start

  • Locate the current procedure's guarantee model.
  • Compare the complete wording, not just the amount.
  • An insurance proposal does not prove the guarantee has been lodged.

The model belongs in the request

Article 90(5) of Portugal's Public Contracts Code provides for guarantee models in the procedure programme, including surety insurance. Paragraphs 7 and 8 address policy requirements and preservation of the contracting authority's guarantees.

Assessment therefore needs the specific procedure. Check the applicable wording and temporal rules; the 28 October 2026 consultation considers the consolidation with amendments effective in October. This guide does not determine a wording's legal validity.

Sources: Diário da República — Portuguese Public Contracts Code, Article 90(5), (7) and (8), consolidated version consulted on 28 October 2026 ↗

Build a file with an identified version

Gather the programme, specifications, model annex and relevant clarifications or corrections. Add the procedure reference, beneficiary authority, obligation, amount and notified deadlines. Identify the date of the version sent to the intermediary.

Fictional example: an annex is replaced after a published clarification. The company retains the old one as history and sends the current one with an explanation. It does not combine a new heading with clauses copied from the old file.

Compare clauses before submission

We suggest three columns: required wording, proposed wording and differences needing clarification. Read the beneficiary, obligation, limit, duration, demand mechanism and termination or release conditions. This organises a review and does not replace legal support.

Request an express response about differences. Avoid deleting wording because it seems repetitive or adding a condition from another contract without assessment. A revised price does not resolve a wording discrepancy.

Separate request, issue and presentation

Record separately the request to the intermediary, insurer assessment, any issue and presentation to the authority through the required method. A quotation-request acknowledgement is not evidence of issue or acceptance of the document in the procedure.

You can request a RMACHADO surety simulation and provide the purpose and relevant documents through the appropriate channel. Issue requires insurer assessment. The company must confirm procedural deadlines and steps with competent support; this article neither suspends them nor guarantees an award.

KEEP THESE QUESTIONS

Your checklist for the next conversation

  • Obtain the current model and procedure documents.
  • Identify changes and the version sent.
  • Check wording, beneficiary, obligation, amount and duration.
  • Distinguish quotation, issue and lodging of the guarantee.

FROM THE ARTICLE TO YOUR SITUATION

Let us discuss your situation

Tell us what you want to protect. We review your request and help compare relevant terms. Requesting a quotation does not activate insurance.

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Sources and transparency

Content updated on .

Consultation dates are stated in individual references when available.

Numerical examples are fictional and explain concepts. Editorial interpretations are identified in the text.

Information from RMACHADO GROUP. This is not an insurance offer or individual advice. Covers, acceptance, exclusions, sums insured and costs depend on the policy. The intermediary does not underwrite the risks.