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
When designing a procurement process, appropriate measures should be put in place to manage the identification, prevention and remediation of any conflicts potentially or actually arising during the procurement process.
Key considerations at this commercial stage
Contracting authorities should:
- ensure procurement procedures are designed to include appropriate systems and procedures which prevent, identify and remedy potential or actual conflicts of interest
- consider whether any potential or actual conflicts of interest may exist for staff members involved in a prospective procurement exercise
- ensure effective measures are taken to prevent or remedy, as appropriate, any identified potential or actual conflicts of interest.
Legal framework
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
