Artificial Intelligence and its Application to Public Procurement

This article analyses the legal and administrative particularities of Artificial Intelligence application to public-procurement procedures. Firstly, a general approach is made as to what the current institutional and legal framework is. Secondly, an analysis of the risk and modulating factors is undertaken, paying special attention to those affecting Public Administration and public procurement. Finally, the paper contains an in-depth analysis of some AI experiences in public procurement, identifying possible risks and calibrating the degree of guarantees to be required in each case. We conclude that although explainability is understood as one of the key elements of AI application to the public sector, current AI uses in public procurement rather lay their legitimacy on other aspects such as transparency on approval, efficiency and human filters.