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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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Did you use AI to write this tender? What? Just asking! -- Also, how will you use AI to deliver this contract?

How to Crack a Nut

Second, there is the issue of tenderers using (generative) AI to write or design their tenders. Third, there is the issue of the use of AI by contracting authorities, eg in relation to qualitative selection/exclusion, or evaluation/award decisions. Slightly simplifying, there are three broad areas of AI-procurement interaction.

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Key guidance notes released in build up to Procurement Act 2023

VWV

For example, assessment summaries must be provided before the contract award notice is published and unsuccessful bidders will receive assessment summaries for both their tender and the successful bidder.

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Risk of anti-competitive collusion after excessive level of transparency in public procurement debriefing?

European Law: Public Procurement

In its Judgment of 4 October 2012 in case C‑629/11 P Evropaïki Dynamiki v Commission (ESP-ISEP) , the Court of Justice has issued another interesting decision on what should be considered sufficient debriefing of disappointed bidders in public procurement procedures. 1) (‘the Financial Regulation’).