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Cracking the State aid individual economic advantage requirement on the Portuguese train tender

Telles.eu

On my previous post about *that* train tender in Portugal, I argued that it was quite possible the contract involved a State Aid angle but stopped short of making a more definitive or certain claim. Nomad Tech's general manager is Nuno Freitas , who between 2019 and September 2021 was CP's President (or CEO in international parlance).

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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.

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Why the tender for 117 new trains in Portugal is illegal

Telles.eu

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 award criteria. This is for two reasons.

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Public procurement (entry for an Encyclopaedia)

How to Crack a Nut

Procurement would thus be a set of administrative law requirements concerned with the design and advertisement of tenders for public contracts, the decision-making process leading to the award of those contracts, and the advertisement and potential challenge of such decisions.

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Paraguay’s procurement is open for small business

Open Contracting Partnership

Results: A year after the new procurement law was passed, the public procurement agency (DNCP) is using machine-learning to identify tenders that are most likely to be awarded to smaller businesses. The work also informed new legislation that will require 20% of the value of contracts to be awarded to MSMEs, including through subcontracting.

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NAO - framework agreements don't achieve competition!

Naomi Clews Consultancy

​The UK Government procured 72% of its large contracts through framework agreements in 2021-22 compared to 43% in 2018-19. Of the 235 large contracts recorded on the public contracts database ' Find a Tender ' between January 2021 and January 2023, 20% of contracts that used open competition only received one bid.

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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

Commentary on Directive 2014/24/EU (Edward Elgar 2021) 274-286. While it is plain that only economic operators from covered third-countries have a legally enforceable right to participate in public tenders on equal terms, it is by no means clear that other economic operators must necessarily be excluded from participation.

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