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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.

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. This criterion was then further refined with sub-criteria and a 0-100 scaling system. First, to protect those that could have presented themselves but did not due to the national manufacturing criterion.

Tender 100
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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

However, to assess the (abstract) potential of procurement as a regulatory tool, it is worth distinguishing between practical and legal challenges, and to focus on legal challenges that would be present at all levels of public buyer capability.

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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).

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Using AI for green procurement

Open Contracting Partnership

Introducing more sustainable procurement policies and processes presents an enormous opportunity for public authorities to not only contribute to reaching carbon emission reduction goals but also to drive sustainable societal and economic development. A star indicates requirements included in the EU’s green criteria for furniture.