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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. The email argued that the maintenance shed which is part of the contract object would be used for the manufacturing of the trains and as such constitute illegal state aid.

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. It included a specific criterion worth 15% of the marks available for "Manufacturing/assembly bonus in Portugal using sheltered workshops." What matters, of course, is the manufacturing or assemby in Portugal.

Tender 100
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Cracking the State aid individual economic advantage requirement on the Portuguese train tender

Telles.eu

On my previous post about *that* train tender in Portugal, I argued that it was quite possible the contract involved a State Aid angle but stopped short of making a more definitive or certain claim. So why would the others miss the opportunity that the Alstom-led consortium spotted?

Tender 100
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Debunking the lack of discrimination argument on the Portuguese train tender

Telles.eu

This Monday I was cited again on Portuguese media about the illegality of the train tender for the new 117 trains that are being procured at the moment. It is not on the origin of the tenderer since that is not discriminated, but instead on the freedom for each economic operator to decide where and how those trainsets will be built.

Tender 100
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Still about *that* train tender in Portugal

Telles.eu

In its assessment, it awarded the three offers the maximum grade possible for the local manufacturing criterion. Therefore, from the perspective of the company it is irrelevant where the trains are actually manufactured. They have no interest in determining where the manufacture occurs. To me, this is a sign of two things.

Tender 100
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Lost in Public Space: Exploring the Unknown with the Norwegian Public Sector Segment

ivalua

In light of existing rules, vendors can deter competition by driving prices down in competitive tenders. There is quite a substantial effort to participate in a public tender process, so most vendors have a limit to how many unsuccessful tenders they are willing to respond to before giving up.

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Updating the UNCITRAL Model Procurement Law for “Green Procurement”

Public Procurement Intl

As these common “green procurement” strategies are adopted by governments around the world, the UN Commission on International Trade Law (UNCITRAL) model law on public procurement , last revised in 2011, could be updated to facilitate implementation. Contractor ¶ 60 (Thomson Reuters, 2024).