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Portugal's plan for mandatory green public procurement (IV - vehicles)

Telles.eu

After parts I , II and III we finally reach part IV on the purchase or leasing of vehicles (contract type - 5) For these, the Annex establishes four different award criteria and two contract performance clauses/technical specifications, with issues to be found on both, mostly due to the non-technology neutral approach to the drafting.

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Portugal's plan for mandatory green public procurement (III - food procurement)

Telles.eu

Having a percentage of products from a 'short supply chain' will be a mandatory award criterion in Portugal. It is defined in the Annex as a 'supply made via direct purchases from the producer or through one single intermediary.' So what is a 'short supply chain'? This will have a detrimental effect on innovation in food production.

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Key guidance notes released in build up to Procurement Act 2023

VWV

Transitional and Saving Arrangements - This sets out the transitional arrangements for existing procurements, framework agreements and dynamic purchasing systems, which will generally continue under the Public Contracts Regulations 2015, and guidance for deciding when the Act applies to new procurements. The guidance note also covers notices.

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Looking into the State aid angle of the Portuguese train tender

Telles.eu

Tender documentation The object of the contract is to purchase 117 sets and a maintenance shed for them. To do this properly, then the shed should be assessed via the award criteria. However, the maintenance shed is not subject to any specific award criteria, although it can be argued it is part of the price criterion.

Tender 100
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Using AI for green procurement

Open Contracting Partnership

Yet, many governments have not introduced policies and procedures for buying greener and even where it is possible to use green criteria for purchasing, many procurement officers are unsure of how to include them. In the Dominican Republic, only 290 purchases could be analyzed.

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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. In this particular case, it is once more evident that an award criterion rewarding the manufacturing of trains in Portugal is illegal.

Tender 100
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Procurement tools for AI regulation by contract. Not the sharpest in the shed

How to Crack a Nut

Relatedly, it will be difficult to administer such tenderer screening to systems through the creation of lists of approved contractors or third-party certification (or equivalent mechanisms, such as dynamic purchasing systems administered by a central purchasing body, or quality assurance certification).