Reg. 24 (PCR 2015)

Conflicts of interest

In: Procure > Selection stage

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

All measures put in place to manage the identification, prevention and remediation of conflicts should be applied effectively and consistently.

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

Key considerations at this commercial stage

Contracting authorities should:

  • ensure all necessary steps are taken to prevent, identify and remedy potential or actual conflicts of interest arising between staff members involved in the procurement process and the participating bidders
  • ensure systems and procedures in place to identify and remedy potential or actual conflicts of interest are enforced consistently and proportionately.

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
Read the regulation

This applies to