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

VWV

How has the evaluation criteria changed? Under the new regulations, evaluations will now be assessed on the basis of 'Most Advantageous Tender' instead of the 'Most Economically Advantageous Tender'. In practice, this is unlikely to have a significant impact on the award criteria.

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How Kazakhstan is combating non-competitive procurement

Open Contracting Partnership

Failed competitive tenderswhich previously offered a loophole for buyers to resort to direct awardshave dropped from 52% of the value of public tenders in 2018 to around 3% in 2022 to 2024. Purchasing methods 2021 2022 2023 2024 From a single source by direct award, billion tenge 2 326.2 in 2021 to 4.2

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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

The crucial risk the AI PPN seems to be concerned with relates to generative AI ‘hallucinations’, as it includes background information highlighting that: ‘Content created with the support of Large Language Models (LLMs) may include inaccurate or misleading statements; where statements, facts or references appear plausible, but are in fact false.

Tender 72
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Procurement tools for AI regulation by contract. Not the sharpest in the shed

How to Crack a Nut

It is rather more plausible for the tender and contract to seek to bind the technology provider to practices and procedures seeking to ensure high levels of cyber security (by reference to some relevant metrics, where they are available), as well as protocols and mechanisms to anticipate and react to any (potential) security breaches.

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Who Are the Key Players in Public Procurement?

Tracker Intelligence

Through customised insights and tender notifications that link them to public sector contract possibilities and government procurement organisations, Tracker Intelligence assists suppliers in navigating this difficult market. Suppliers can use FTS to access contract notices and stay informed about upcoming opportunities.

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Key guidance notes released in build up to Procurement Act 2023

VWV

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.

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

European Law: Public Procurement

22 Similarly, the contracting authority is not under an obligation to provide an unsuccessful tenderer, upon written request from it, with a full copy of the evaluation report (see order of 20 September 2011 in Case C‑561/10 P Evropaïki Dynamiki v Commission, paragraph 25).