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E-Procurement for PPPs and Concessions: journal article

Current Trends and Opportunities

Bruno de Cazalet, Iryna Zapatrina

European Procurement & Public Private Partnership Law Review, Volume 16 (2021), Issue 2, Page 131 - 150

Recently, also due to the COVID-19 pandemic, the issue of using e-procurement is becoming more and more relevant for all countries around the world, and especially for EU Member States implementing the requirements of the Directives on public procurement. The substantial advantages of the use of electronic procedures for public procurement for reduction of tender costs and better prices, the possibility to avoid misuse, collusion and corruption, led some countries to explore opportunities to adapt the traditional e-procurement experience for public-private partnership (PPP) and concession tenders. Today, the regulation in this field is practically absent and the experience is very limited. This article presents: an analysis of the situation regarding current regulation, experience in electronic PPP procurement implementation, and trends; the peculiarities of PPP procurement compared to traditional public procurement; the difficulties related to PPP procurement as e-procurement; and the recommendations of authors on the use of electronic procurements for PPPs and concessions based on the peculiarities of a project implemented using relevant mechanisms. Keywords: public-private partnership; PPP; public procurement; electronic procurement; e-procurement; digitalisation


Deus Ex Machina? journal article

Some Remarks on Public Procurement in the Second Machine Age

Paweł Nowicki

European Procurement & Public Private Partnership Law Review, Volume 15 (2020), Issue 1, Page 53 - 60

The ‘Second Machine Age’ is a term created by two MIT professors, Erik Brynjolfsson and Andrew McAfee, and means the time of emerging technologies: artificial intelligence, machine learning, neurotechnology, biotechnology, virtual reality, Big Data, Internet of Things, blockchain, etc. Emerging technologies are seemingly not related to law, and in particular to public procurement law, but enter into complex relationships with legal regulation. This paper aims to introduce both the opportunities and challenges that some of these technologies (AI, blockchain, smart contracts) create for public procurement praxis, showing that it’s not deus ex machina. New technologies will undoubtedly enrich and improve the public procurement system, but they also raise legitimate ethical and legal concerns. Keywords: Artificial intelligence; Machine learning; Blockchain; Smart contracts; Future of public procurement; Digitalisation.

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