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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 total, we're talking 117 new trains at a cost close to €800M. This is for two reasons.

Tender 100
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Portugal's plan for mandatory green public procurement

Telles.eu

The Resolution is composed of a main part with the provisions on eco criteria that are to be applied from January 1st and a detailed Annex with the specific award criteria and contract performance clauses/technical specifications that are to be adopted for certain types of contracts.

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Key guidance notes released in build up to Procurement Act 2023

VWV

For example, assessment summaries must be provided before the contract award notice is published and unsuccessful bidders will receive assessment summaries for both their tender and the successful bidder.

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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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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 70
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Dutch software company Negometrix to develop the national procurement system for all Bulgarian Public Entities

Mercell

The awarded contract worth € 2,4 million was a result of an extensive European tendering procedure which took almost 1 year. The awarding criteria was 60% on quality and 40% on price. It underlines our leadership in the domain of designing and developing public tendering solutions in Europe.