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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
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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
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Adapting to a Changing World, not without Difficulties: Kolin (C-652/22) -- Guest post by Prof Roberto Caranta

How to Crack a Nut

According to the Court of Justice, Article 43 of Directive 2014/25/EU ‘reflects’ the EU’s international commitments to give equal participation rights to economic operators hailing from third countries benefiting from international commitments signed by the EU (paragraph 43, referring to Recital 27 of the Directive). 46 and 47). 58 and 59).

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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 49
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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.

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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.

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Updating the UNCITRAL Model Procurement Law for “Green Procurement”

Public Procurement Intl

Both the European Union ( Directive 2014/24/EU , Art. One solution would be to bring Article 10 into line with Article 43 of EU Directive 2014/24/EU , to ensure that eco-labels: (a) concern only “criteria which are linked to the subject-matter of the contract and are appropriate to define characteristics.