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In October, EU countries will be required to adopt eForms in a bid to improve the quality of data published on the block’s government tendering. With data excellence as one of the pillars of their mission, TenderNed has been working on creating better data within the Dutch government for several years. Transparency is key.
The Green Paper on Transforming Public Procurement represents a radical change to the UK procurement laws which promises consolidation of the current public procurement framework, greater flexibility in the procurement process and awardcriteria and increased transparency. When Will This Come Into Effect?
The government took three key steps: i) careful planning for the green transition; ii) implementing green public procurement (GPP) in practice with a focus on building the capacity of public buyers; and iii) learning powered by data-driven monitoring with a public dashboard. Can everything be green?
I continue exploring the use of public procurement as a tool of digital regulation (or ‘AI regulation by contract’ as shorthand)—ie as a mechanism to promote transparency, explainability, cyber security, ethical and legal compliance leading to trustworthiness, etc in the adoption of digital technologies by the public sector.
Direct Award - Whilst there are some new grounds for direct awards, the main changes relate to the process. This guidance note sets out the process for directly awarding a contract under the Act plus information on the new Transparency Notice and standstill period which will be mandatory for most direct awards.
This means there should be no substantial amendments to the tender or transparency notice or to the awardcriteria for the award of the framework. New suppliers can be added to the framework when it is opened to help promote competition, provided the framework is on substantially the same terms.
It is very hard to know what data has been used to train a model and economic operators using ‘off-the-shelf’ generative AI solutions will hardly be in a position to assess themselves, or provide any meaningful information, to contracting authorities. And, in any case, this is not only an issue for future contracts. How to deal with it? —
The lack of data on climate-related public spending significantly limits the ability to evaluate it and prevents an accurate understanding of the associated fiscal risks. However, green public financial management (PFM) practices are still incipient in most countries in the region.
Data scientists, journalists, researchers and former civil servants with an interest in public procurement are systematically monitoring contracting procedures for corruption risks and irregularities , using analytics tools that source data from the government’s e-procurement system via a public API.
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