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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. 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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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.

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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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Striving for data excellence: How the Netherlands’ TenderNed is enabling procurement insights for government and public users

Open Contracting Partnership

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. All Dutch authorities must publish their above-the-threshold tenders via the TenderNed platform , so businesses can access all public data and documents from a single webpage.

Data 52
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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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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. A star indicates requirements included in the EU’s green criteria for furniture.