Managing Public Procurement in the Virtual Environment: Digital Platforms Between Simplification and Challenges

ABSTRACT This article explores the impact of digital platforms on the public procurement sector, balancing the goal of simplification against the risk of opacity. It addresses critical issues such as platform accreditation, transparency, access to software, and the allocation of the burden of proof in cases of malfunction. The analysis highlights the pressing need for public oversight of the technologies employed in procurement procedures.

KEYWORDS Digital platforms – Public procurement – Public control of digital infrastructures

TABLE OF CONTENTS 1. Introduction. – 2. Digital Procurement Platforms Within the Framework of the Public Contracts Code. – 3. The Digital Management of Tender Procedures and the Transformation of Public Procurement Law. – 4. The Accreditation of Digital Procurement Platforms. – 5. The Implementation of the Principles of Publicity and Non-Exclusivity of Algorithmic Decision. – 6. Evidence of the System’s Functioning. – 6.1. The Evidentiary Value of Log Files. – 6.2. The Allocation of the Burden of Proof in the Event of Platform Malfunctions. – 6.3. The Selection of Software: Balancing Public Interest and Proprietary Logic. – 6.4. Access to Software as a Safeguard Mechanism. – 7. The ‘Algocratic’ Privatisation of Administration as a Critical Dimension of Digital Transformation in Public Procurement