Article 32

printed pages 63 · source locator: Article 32 occurrence 1; printed pages 63

Official source: COM(2026) 502 final — Proposal for a Cloud and AI Development Act

Article 32

Union added value
     1.   In public procurement procedures for innovative cloud computing services and AI
          systems, contracting authorities shall include, as part of the quality evaluation of the
          tender, non-price award criteria that allow them to evaluate the tenderer’s
          contribution to the development of a European cloud and AI ecosystem.
     2.   When applying non-price award criteria under paragraph 1, contracting authorities
          shall ensure that non-price award criteria are:
          (a)   linked to the subject matter of the contract;
          (b)   not conferring unrestricted freedom of choice on the contracting authority;
          (c)   expressly set out in the procurement documents or in the contract notice;
          (d)   ancillary and not decisive in the award of the contract.
     3.   Without affecting contracting authorities’ discretion to apply additional criteria, the
          non-price award criteria referred to in paragraph 1 shall enable contracting
          authorities to evaluate the extent to which:
          (a)   the tenderer contributes to strengthening the digital technology supply chain in
                the Union, including the use of software or hardware designed or manufactured
                in the Union;
          (b)   the tenderer has integrated technologies developed in the Union, including
                research and development results stemming from Union funded research and
                development programmes and makes use of tools, such as standards,
                specification, software, models or other technology developed in the Union;
          (c)   the innovation required to deliver the service contributes to strengthening the
                security of supply and the development of a European cloud and AI ecosystem;
          (d)   the service is delivered, to the greatest extent feasible with regard to market
                availability and technical requirements, through critical computing, storage and
                networking hardware components designed and/or manufactured in the Union,
                or, where this is not feasible, through hardware components from a third
                country that contributes to strengthening the security of supply and the
                development of a European cloud and AI ecosystem.

Qualifications

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