Artificial intelligence, long regarded as a lever for technological innovation, is now impacting market access. Tenders and contracts increasingly include specific clauses on AI compliance and on the governance of risks associated with the use of intelligent systems in project delivery.
This marks a significant shift, directly affecting organizations’ ability to participate in calls for tender, qualify as reliable partners, and manage increasingly complex contractual relationships.
The AI Act Changes the Rules of the Game
Within the new European regulatory framework defined by the AI Act—now in its implementation phase as of 2025—artificial intelligence takes on a structural role in both regulatory and contractual compliance. The regulation introduces clear obligations around risk management, transparency, and accountability, with tangible implications for tender specifications and contractual clauses.
For companies, this signals a new phase. It is no longer sufficient to use AI correctly; organizations must demonstrate structured governance models and informed decision-making processes. How AI is governed has become, in effect, a qualifying factor in relationships with public authorities and private-sector partners.
Emerging Requirements in Tender Procedures
An analysis of recent tenders highlights two recurring requirements that are set to become reference standards for access to contracts and procurement processes.
Artificial Intelligence Training
Organizations are increasingly required to ensure specific expertise in the use of AI and in the management of associated risks. Training for project teams and process stakeholders is no longer optional: it is now an integral part of internal control systems and is assessed as a key indicator of reliability and accountability.
AI Risk Assessment on Data
Another critical requirement concerns the assessment of data-related risks. A growing number of tenders require the submission of a formal AI risk assessment document addressing aspects such as:
- data quality and provenance
- information security and data protection
- potential bias in datasets
- expected impacts on processes and outputs
In many cases, the absence of this documentation leads to automatic exclusion from the tender, underscoring its strategic importance.
AI as a Competitive Lever
Treating these requirements as mere regulatory obligations would be a strategic mistake. The ability to govern artificial intelligence is now a clear marker of organizational maturity.
Organizations that have not yet established a structured AI management model risk being excluded from business opportunities altogether. By contrast, those that invest in technological governance, workforce training, and advanced risk assessment tools not only meet formal requirements, but also strengthen their credibility with clients, institutions, and stakeholders—reinforcing market confidence.
For early movers, this represents an opportunity to significantly reposition themselves in the market.
A Strategic Issue with Broad Impact
Managing AI-related contractual requirements is not a narrow technical matter, but a strategic crossroads that affects the organization as a whole. Decisions on AI influence governance structures, decision-making processes, and competitive positioning, and therefore require coordinated oversight at management level.
- Top management must oversee the strategic and reputational risks associated with AI adoption
- Legal and compliance functions are responsible for translating regulatory requirements into clear operational policies and control mechanisms
- Human resources must ensure continuous skills development, now a critical factor in project reliability
- Procurement and commercial functions must interpret tender requirements as qualifying criteria for market access
In this context, artificial intelligence becomes an integral part of corporate governance. Organizations that can demonstrate responsible, traceable, and compliant use of AI will strengthen their credibility with clients, institutions, and partners—consolidating trust within a framework of regulated innovation.
