On 1 August 2025, the Application Review Commission of the Procurement Monitoring Bureau (PMB) found that the specialist requirements in the open tender organised by the Supreme Court, “Development of software for the information system “AT searcher”” (“Informācijas sistēmas “AT meklētājs” programmatūras izstrāde”), were excessive and restrictive to competition. This is the first IUB decision concerning IT service procurement, an area in which contracting authorities increasingly seek to acquire artificial intelligence elements.
The PMB emphasised that the requirement for experience in implementing or improving an artificial intelligence solution in at least one project is not objectively justified for specialists whose practical involvement in such processes is not significant. When setting specific experience requirements, contracting authorities must balance the goal of ensuring high-quality service with the risk of restricting competition that such requirements may create.
Therefore, when assessing the proportionality of the requirements, it should be taken into account that in the provision of services involving both lead specialists and other experts in contract performance, the experience component as a whole is of significant importance. However, this does not mean that such specific experience must be required from all or most of these specialists. The PMB also noted that this approach could unnecessarily increase public sector costs and fail to achieve the objectives set out in Article 2 of the Public Procurement Law.
The Sorainen team led by attorney-at-law Katrīne Pļaviņa-Mika represented SIA Helmes Latvia in this dispute.
