(1) Conflict of interest shall mean any situation wherein the contract
holder or the supervisor of public contracts award and/or execution procedures may
derive direct or indirect benefits from a contract concluded by the Project Owner or the
Delegated Project Owner, any transfer or any situation in which he has enough personal
interests to compromise his impartiality in the discharge of his duties or which may
adversely affect his judgement.
(2) Tenders board and bid evaluation sub-committee chairpersons, members,
secretaries and experts, as well as contract officials shall be bound by obligation of
reserve and discretion.
They shall refrain from any action that may compromise their objectivity and, in
any case, not have any financial, personal or any other interest linked to the contract
under review.
(3) In case of conflict of interest, tenders board, contracts control committee and
bid evaluation sub-committee chairpersons, experts and members, as well as
independent observers shall inform the Project Owner or the Tenders Board Chairperson
in writing, and copy the public contracts regulatory body, under pain of penalties provided
for by the regulations in force. In this case, they shall be replaced for the contracts
concerned.
(4) At the execution stage, the contract holder shall, in writing, report the conflict of
interest to the Project Owner. In this case, he shall be bound to propose a replacement
solution to the Project Owner.
SUB-SECTION III
COMPLICITY
Official text
Spot-checked
In force from 20 June 2018
Source page 73