article thumbnail

Why the tender for 117 new trains in Portugal is illegal

Telles.eu

For the most part the sheltered workshop claim is a red herring since the contract was not reserved as per Article 38 of Directive 2014/25/EU, nor was it a condition of performance since there were marks available to be obtained by economic operators. And in the best case, a better one." This is, self-evidently, illegal on two main counts.

Tender 100
article thumbnail

Looking into the State aid angle of the Portuguese train tender

Telles.eu

When I published my first entry into the Portuguese train tender , I received an email tipping me off to a potential other issue with it. Let's start with what is in the tender documentation, shall we? Tender documentation The object of the contract is to purchase 117 sets and a maintenance shed for them.

Tender 100
article thumbnail

Will the ECJ mandate protectionism in procurement) -- comments on AG Collins' Kolin Opinion (C-652/22)

How to Crack a Nut

In the Opinion in Kolin Inşaat Turizm Sanayi ve Ticaret ( C-652/22, EU:C:2024:212 , hereafter ‘Kolin’), Advocate General Collins has argued that only economic operators established in countries party to international agreements on public contracts that bind the EU may rely on the provisions of Directive 2014/25/EU. para 52, emphases added).

Tender 48
article thumbnail

Portugal's plan for mandatory green public procurement

Telles.eu

The wording for mandatory eco criteria is problematic since instead of adopting the exact same wording of Art 18(1) para 2 of Directive 2014/24/EU it comes up with a slightly different expression to convey what should be the same message. As for the recommended eco criteria, the current wording is even more troublesome.

article thumbnail

Did you know many Procurement Team in govt use MEAT as part of evaluation?

Tendersinfo

Most Economically Advantageous Tender (MEAT) is the measure for selecting the best out of the incoming bids based on factors that are related to the subject matter of the contract. This criterion of selecting the tender was announced by European Parliament in January 2014.

article thumbnail

The four key drivers that can enable better IT procurement

Open Contracting Partnership

These frameworks have led to big efficiency wins: the traditional tender procedures take between four months and one year to complete while the framework procedure takes between four and six weeks on average. There is research to show that every additional tenderer leads to a price reduction.

article thumbnail

Testing the limits of ChatGPT’s procurement knowledge (and stubbornness) – guest post by Džeina Gaile

How to Crack a Nut

Džeina asked a few easy questions on the topic of her PhD research (tender clarifications). I find the bit of the conversation on the very existence of Article 56 and the content of Article 56(3) Directive 2014/24/EU particularly (ahem) illuminating. Happy reading! Not to be continued.]