Despacho n.º 26287/2004(2ªSérie), de 21 de Dezembro de 2004
Despacho n.º 26 287/2004 (2.' série). - O Ministério da Defesa Nacional pretende celebrar um contrato de fornecimento de combustíveis e lubrificantes de operação, a utilizar em bens militares de natureza operacional dos ramos das Forças Armadas Portuguesas. Por razões que se prendem com a segurança do Estado Português e com a invulnerabilidade das suas estruturas, o Ministro de Estado e da Defesa Nacional, através do despacho n.º 97/MEDN/2004, de 22 de Junho, proferido ao abrigo do disposto no artigo 77.º, n.º 2, do Decreto-Lei n.º 197/99, de 8 de Junho, reconheceu a situação de excepção prevista na alínea i) do n.º 1 do mesmo preceito, que admite a não aplicação do regime dos capítulos III e seguintes daquele diploma ao procedimento contratual em causa.
Sabendo-se que as disposições previstas nos capítulos III e seguintes do referido diploma não são aplicáveis neste caso concreto, impõe-se, na linha do que se deixou exposto, adoptar um procedimento contratual que, atentas as preocupações subjacentes ao despacho do Ministro de Estado e da Defesa Nacional, proferido ao abrigo do artigo 77.º, n.º 2, do Decreto-Lei n.º 197/99, de 8 de Junho, minimize a exposição das estruturas logísticas da defesa nacional e que, com esse propósito, garanta a não divulgação a terceiros de informações vitais para os ramos das Forças Armadas Portuguesas e para o próprio sector da defesa.
Considerando que foi dado cumprimento ao disposto no n.º 1 do artigo 22.º do Decreto-Lei n.º 197/99, de 8 de Junho, tendo sido emitida a portaria conjunta dos Ministros de Estado, da Defesa Nacional e dos Assuntos do Mar e das Finanças e da Administração Pública...
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