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The Procurement Act 2023 (the Act) introduces a range of reforms aimed at simplifying and enhancing transparency in the procurement process, which should be good news for suppliers. In practice, this is unlikely to have a significant impact on the awardcriteria. What changes will I see to the decision to award a contract?
Reading the Evropaïki Dynamiki (ESP-ISEP) Judgment, one cannot but wonder if EU public procurement rules do not still impose an excessive degree of transparency in the debriefing of disappointed bidders. On the other hand, for all other criteria, Evropaïki Dynamiki’s tender was less well ranked than that of the successful tenderer.
Key Principles Of Public Procurement Transparency: Clear and Open Processes Public contracts aren’t handed out in secret. Glossary Of Key Procurement Terms A-C Award Notice An award notice is an official announcement that a contract has been awarded to a supplier.
The Green Paper on Transforming Public Procurement represents a radical change to the UK procurement laws which promises consolidation of the current public procurement framework, greater flexibility in the procurement process and awardcriteria and increased transparency. When Will This Come Into Effect?
I continue exploring the use of public procurement as a tool of digital regulation (or ‘AI regulation by contract’ as shorthand)—ie as a mechanism to promote transparency, explainability, cyber security, ethical and legal compliance leading to trustworthiness, etc in the adoption of digital technologies by the public sector.
Direct Award - Whilst there are some new grounds for direct awards, the main changes relate to the process. This guidance note sets out the process for directly awarding a contract under the Act plus information on the new Transparency Notice and standstill period which will be mandatory for most direct awards.
Affecting around 4000 public buyers, the decree defines procurement as ‘green’ if it uses green criteria, recognized certificates, ecolabels or environmental management systems for no less than 50% of total procurement value.
This means there should be no substantial amendments to the tender or transparency notice or to the awardcriteria for the award of the framework. New suppliers can be added to the framework when it is opened to help promote competition, provided the framework is on substantially the same terms.
They are also working on tools to help contracting authorities to analyze their own data, for example, to monitor the average lead time of their tenders, or decide which awardcriteria to use when preparing a tender. Transparency is key.
Opportunity #4: Green Procurement Public procurement accounts for about 20 percent of total government spending in the region, so the contribution of green procurement policies and management to commitments under the Paris Agreement is potentially high.
This is information that will either relate to the technical specifications, awardcriteria or performance clauses (or all of them) and there is no meaningful way in which AI could be used to deliver the contract without this having an impact on the assessment and evaluation of the tender.
While the e-procurement system doesn’t include the quasi-governmental sector and sovereign wealth fund (which aren’t governed by the public procurement law) it provides full transparency on the general procurement market which accounts for at least a third of Kazakhstan’s public spending. Professionalizing procurement.
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