Will the ECJ mandate protectionism in procurement — comments on AG Collins’ Kolin Opinion (C-652/22) — How to Crack a Nut – Go Health Pro

Will the ECJ mandate protectionism in procurement — comments on AG Collins’ Kolin Opinion (C-652/22) — How to Crack a Nut – Go Health Pro

In the Opinion in Kolin Inşaat Turizm Sanayi ve Ticaret (C-652/22, EU:C:2024:212, hereafter ‘Kolin’), Advocate General Collins has argued that only economic operators established in countries party to international agreements on public contracts that bind the EU may rely on the provisions of Directive 2014/25/EU. This would imply that economic operators established in other countries … Read more

Interesting AG Opinion on State aid analysis of procurement compliance, definition of public works contracts, and ‘strategic’ use of remedies by contracting authorities (C-28/23) — How to Crack a Nut – Go Health Pro

Interesting AG Opinion on State aid analysis of procurement compliance, definition of public works contracts, and ‘strategic’ use of remedies by contracting authorities (C-28/23) — How to Crack a Nut – Go Health Pro

On 11 April 2024, AG Campos Sánchez-Bordona delivered his Opinion in NFŠ (C-28/23, EU:C:2024:306). The NFŠ Opinion is very interesting in three respects. First, in addressing some aspects of the definition of public works contracts that keep coming up in litigation in relation to relatively complex real estate transactions. Second, in addressing the effects of … Read more

Meaning, AI, and procurement — some thoughts — How to Crack a Nut – Go Health Pro

Meaning, AI, and procurement — some thoughts — How to Crack a Nut – Go Health Pro

James McKinney and Volodymyr Tarnay of the Open Contracting Partnership have published ‘A gentle introduction to applying AI in procurement’. It is a very accessible and helpful primer on some of the most salient issues to be considered when exploring the possibility of using AI to extract insights from procurement big data. The OCP introduction … Read more

Analysing the potential pitfalls of “AI-judication” in Public Procurement — guest post by Paris & Esmail — How to Crack a Nut – Go Health Pro

Analysing the potential pitfalls of “AI-judication” in Public Procurement — guest post by Paris & Esmail — How to Crack a Nut – Go Health Pro

Introduction The introduction of new technologies have always thrust the issue of Public Procurement into the spotlight, subtly or otherwise. Recently, the Overton window in tech circles has been dominated by one discussion uber alles: Artificial Intelligence. So far, AI has already obtained credible influence in the way public procurement tenders can be drafted and … Read more

Creating (positive) friction in AI procurement — How to Crack a Nut – Go Health Pro

Creating (positive) friction in AI procurement — How to Crack a Nut – Go Health Pro

I had the opportunity to participate in the Inaugural AI Commercial Lifecycle and Procurement Summit 2024 hosted by Curshaw. This was a very interesting ‘unconference’ where participants offered to lead sessions on topics they wanted to talk about. I led a session on ‘Creating friction in AI procurement’. This was clearly a counterintuitive way of … Read more

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