Consultants who participated in preparing a tender file shall not take part in the tender.
No public industrial or commercial institution under the supervisory authority of a contracting authority shall be allowed to submit a bid under a tender launched by the latter.
During his mandate, an Independent Observer may not supply goods, works or services to the government service for which he works.
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.
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.
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.
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.
COMPLICITY
Any supervisor of contract award or execution procedures shall be held liable in the event of complicity. Within the meaning of the Public Contracts Code complicity shall be:
(a) The omission or negligence to carry out controls or to give the prescribed technical opinion;
(b) Intentional omission to inform the Project Owner or the competent authority of irregularities noted in the discharge of his duties. Liability may also be incurred in the following cases:
– Any statement or confirmation of false information on the situation of the government service or the public or semi-public body entrusted with monitoring, evaluation or supervision;
– Receiving benefits that are undue or likely to undermine the independence of the credit vote supervisor;
– Transactions with the entity entrusted with supervision, in violation of legal or the regulatory incompatibilities in force.
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