Abstract

This article focuses on one aspect of where artificial intelligence is encroaching into an increasing number of economic fields. There is no doubt that the importance of artificial intelligence will increase in the field of contracting and performance, including public procurement. The development of artificial intelligence is prompting a new look at legal regulations in various spheres of the economy, noting that the development of law in this area is still at its inception.
Artificial intelligence can be employed at various stages of the award and execution of public procurement: in diagnosing social needs and planning tasks in the short and long term, while drafting the contract, while carrying out the procedure and evaluation of bids submitted, but also for when assessing the correctness of the execution of the public contract, including situations when a response to an emergency is needed. This raises the question of whether artificial intelligence can become a creator of public procurement policy, by making decisions rather than simply providing and processing information. This is a question about the possible subjectivity of artificial intelligence, which requires some more general concerns to be resolved. Quite significant questions arise about the liability for damage caused by the use of artificial intelligence, particularly as regards the entity responsible.