CONFLICT OF INTEREST IN PUBLIC PROCUREMENT
This Anti-Corruption Helpdesk brief was produced in response to a query from the European Commission. The Anti-Corruption Helpdesk is operated by Transparency International and funded by the European Union.
How can we avoid conflict of interest in public procurement and make sure that members of the evaluation committee are neither shareholders of one of the bidding companies nor related or affiliated to some members?
1. Public procurement and corruption
2. Avoiding conflict of interest in public procurement processes
Conflict of interest may arise at various stages of the procurement process whenever public officials’ decisions can be influenced by their private interests. The evaluation and award of bids is often assessed as one of the most vulnerable phases, due to the high level of technical expertise required and the specific features of evaluation committees. Therefore, in order to prevent and avoid conflict of interest in public procurement, countries should enact guidelines with a clear definition of conflict of interest, as well as put forth requirements for officials involved in the procurement process to disclose information on their private interests and assets, in addition to excusing themselves from certain decision-making processes and prohibiting them from performing certain functions if the opportunities for conflict of interest exist. In addition, access to information, stakeholder participation in key stages of the procurement cycle and clear review mechanisms are essential to transparency and accountability in public procurement, and therefore, are essential in preventing conflict of interest and other forms of corruption. Moreover, effective implementation and enforcement of the law are key to create a deterrent effect and ensure integrity during the process
Maíra Martini, Transparency International, [email protected]