Reg. 24 (PCR 2015)

Conflicts of interest

In: Define > Market consultation and engagement

Overview

Regulation 24 requires contracting authorities to take appropriate measures to prevent, identify and remedy conflicts of interest arising in the conduct of procurement procedures.

This regulation explains that the concept of conflicts of interest applies, as a minimum, to any situation where staff members of the contracting authority have, directly or indirectly, a financial, economic or personal interest which might be perceived to compromise their impartiality and independence in the context of the procurement procedure.

Objective at this commercial stage

Appropriate measures should be put in place to ensure that any pre-market engagement will not give rise to conflicts of interest during the procurement process.

Contracting authorities should remain mindful of any new potential or actual conflicts arising and take appropriate measures to remedy their effects.

Key considerations at this commercial stage

Contracting authorities should:

  • ensure appropriate systems and procedures are put in place to prevent potential or actual conflicts arising during pre-market engagement exercises.

See also in the Procurement Act 2023:

  • Section 81: Conflicts of interest: duty to identify
  • Section 82: Conflicts of interest: duty to mitigate
  • Section 83: Conflicts assessments

Additional support and guidance

Make sure you:

  • read the regulation
  • seek legal and commercial advice in the context of specific procurements