Public procurement Portugal: AI support in decision-making
The use of AI presents demanding risks and challenges in legal and administrative relations. However, given its potential, it also represents a significant opportunity, especially in public procurement, when properly governed. The Ecovis consultants explain the advantages, challenges and opportunities that AI offers in the awarding of public contracts.
In procurement processes, AI can deliver rapid analysis of hundreds of complex proposals, detect gaps, inconsistencies or suspicious patterns, and provide evidence-based support to human decision-makers, fostering efficiency, consistent criteria, error reduction, protection of public resources, and stronger traceability and auditability of evaluation steps. This ability to process large volumes of information ensures greater efficiency, uniformity in the application of criteria, error reduction, and the protection of public resources, accelerating decisions without compromising quality.
AI provides decision templates
Beyond document screening, AI can adjust weighting suggestions based on historical decisions, propose classifications, and flag risks of fraud or collusion, subject to legally pre-defined criteria, enabling preventative interventions and more strategic decisions. Analytical systems for legal, economic or market data become allies for public managers, freeing time for qualitative assessment, and promoting a more informed administration.
The risks of using AI
There are risks: algorithms may reproduce bias or operate as non-transparent ‘black boxes’, hindering the understanding of the rationale behind decisions. With effective human-in-the-loop oversight, independent audits, robust record-keeping, clear documentation of model rationale, and appropriate data protection impact assessments, the advantages can prevail over the challenges. AI complements, but does not replace, human judgment, reinforcing legality, transparency and accountability in decision-making.
We advise on public contracts or tenders, review offers and contracts as well as digital and automated procedures, including algorithmic decision support, and represent clients in administrative disputes.
José Miguel Pinho, Associate Lawyer, RBMS – Member of Ecovis International, Lisboa, Portugal
Recommendations for companies
Companies should learn about the automated evaluation criteria and the patterns identified by AI. Understanding how the algorithms work increases the competitiveness of proposals and reduces the risk of challenges.
What AI brings to public procurement
Integrating AI tools into public procurement is an opportunity for strategic modernisation of the administration: fairer, faster, more efficient and auditable decisions strengthen the trust of citizens and legal operators, promoting an innovative, transparent and accountable public system, in which technology supports, but never replaces, the human factor in protecting the public interest.
For further information please contact:
José Miguel Pinho, Associate Lawyer, RBMS – Member of Ecovis International – Lisboa, Portugal
Email: jose.mpinho@rbms.pt