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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. So far, so good.

Tender 100
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Why the tender for 117 new trains in Portugal is illegal

Telles.eu

The procurement procedure was launched in December 2021 and adopted a MEAT approach for the award criteria. The procurement procedure was launched in December 2021 and adopted a MEAT approach for the award criteria. This criterion was then further refined with sub-criteria and a 0-100 scaling system.

Tender 100
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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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Portugal's plan for mandatory green public procurement

Telles.eu

The Portuguese government is planning to introduce mandatory green public procurement criteria in the near future. The Resolution At the core of the Resolution we can find a three part classification for eco criteria that is applied in the Annex to both award criteria and contract performance clauses/technical specifications.

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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.

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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The Public Procurement Glossary

Tracker Intelligence

Tendering and Bidding A contract notice is published, inviting suppliers to submit bids. Awarding the Contract The winning supplier is selected based on clear criteria, ensuring fair and competitive procurement. Contract Award Criteria The contract award criteria are the factors that decide which bid wins.