Artificial intelligence in public procurement: tool and object of acquisition

Abstract

Artificial intelligence can contribute to the achievement of public procurement goals such as innovation, social responsibility and environmental sustainability. Algorithmic artificial intelligence systems make it possible to automate activities, perform diagnostics and make predictions, among other operations, which could make the implementation of these horizontal policies more efficient, accurate and economical. The objective of this article is to explain the extent to which artificial intelligence has such potential and its validity in Colombia. The initial hypothesis is that, as in other countries, the implementation of emerging technologies, such as artificial intelligence, in the Colombian State is permitted and promoted both by the rules governing the digital transformation of the public sector and by those regulating electronic tools in state procurement. To this end, the disruptive and transformative nature of artificial intelligence in public procurement law is examined, its usefulness with respect to the strategic objectives outlined is discussed, and the legal arguments that enable its acquisition and use in contracting are presented. The paper concludes with a reflection on the precautions that must be considered to safeguard democracy and the rule of law.