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Portugal's plan for mandatory green public procurement (IV - vehicles)

Telles.eu

After parts I , II and III we finally reach part IV on the purchase or leasing of vehicles (contract type - 5) For these, the Annex establishes four different award criteria and two contract performance clauses/technical specifications, with issues to be found on both, mostly due to the non-technology neutral approach to the drafting.

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Portugal's plan for mandatory green public procurement (II)

Telles.eu

Throughout the Annex we can see these popping up time and time again, both as award criteria and contract performance clauses/technical specifications. It would have been preferable to have a part of the Annex just for award criteria and another for contract performance clauses/technical specifications.

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Portugal's plan for mandatory green public procurement

Telles.eu

The Resolution is composed of a main part with the provisions on eco criteria that are to be applied from January 1st and a detailed Annex with the specific award criteria and contract performance clauses/technical specifications that are to be adopted for certain types of contracts.

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Understanding the new Procurement Act 2023: What suppliers need to know - Part 2

VWV

In practice, this is unlikely to have a significant impact on the award criteria. What changes will I see to the decision to award a contract? Unsuccessful suppliers will receive a further explanation of why they are not being awarded the contract as well as how the winning supplier scored against the award criteria.

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The principle of competition is dead. Long live the principle of competition (Free webinar)

How to Crack a Nut

Dagne Sabockis, ‘ The Principle of Competition in the Context of Green Public Procurement – the Case of Green Award Criteria ’ (2023) 18(4) EPPPL 237-243 (£/€). Trygve Harlem Losnedahl, ‘The General Principle of Competition is Dead’ (2023) 2 PPLR 85-98 (£/€).

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Looking into the State aid angle of the Portuguese train tender

Telles.eu

To do this properly, then the shed should be assessed via the award criteria. However, the maintenance shed is not subject to any specific award criteria, although it can be argued it is part of the price criterion.

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Procurement tools for AI regulation by contract. Not the sharpest in the shed

How to Crack a Nut

Award criteria could generate (further) incentives for regulatory performance, perhaps beyond the minimum mandatory baseline. Relatedly, the difficulties in using award criteria to pursue regulatory goals stem from difficulties in the operationalisation of qualitative criteria in practice.