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The Portuguese government is planning to introduce mandatory green publicprocurementcriteria in the near future. This means the public sector in Portugal will have less than 3 months to adapt to a fairly significant change in the way it carries out publicprocurement.
This is a textbook example of artificially narrowing down competition as established by Article 18(1) of the Directive 2014/24/EU. It should be self-evident that any increase in compliance costs will disadvantage smaller suppliers over larger ones who are better prepared to absorb those costs and requirements. The second is more puzzling.
It was announced yesterday that the Portuguese train company (CP) chose a consortium headed by Alstom as the preferred bidder for its first major train procurement contract in many decades. The procurement procedure was launched in December 2021 and adopted a MEAT approach for the awardcriteria.
A couple of caveats here though: I'm a lot less comfortable discussing state aid than I am publicprocurement since my expertise is in the latter. To do this properly, then the shed should be assessed via the awardcriteria. Also, there are a lot more assumptions to be made here than in my original post.
The role of competition in publicprocurement regulation continues to be debated. Bringing together voices representing a wide range of views, this webinar will explore these issues and provide a space for reflective discussion on competition and publicprocurement. Free webinar: 22 March 2024 2pm UK / 3pm CET / 4pm EET.
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