Algorithmic Decisions and the Duty to Provide Reasons in Public Procurement Procedures

The application of intelligent algorithmic systems in public procurement is gaining increasing interest among contracting authorities worldwide, attracted by the expectation of achieving gains in efficiency, economy and speed. The purpose of this article, rather than offering an extensive and exhaustive approach to the issue, is to contribute to the discussion around the limits that should, from the outset, shape the implementation of such systems, in the field of public procurement. Specifically, based on the regime in force in the Portuguese legal system, we look at the duty to state the reasons for an administrative act - in particular, the act of awarding a contract in the context of pre-contractual procedures - and analyse how compliance with this duty is affected by the use of intelligent algorithms in the formation of public contracts