Does the relevant legislation or the case law require the contracting authority to be independent and impartial?
The Law requires contracting authorities to treat economic operators equally and non-discriminatorily and always in a transparent manner (article 3). 17 How are conflicts of interest dealt with? Under article 21 of the Regulations the members of the contracting authority as well as their advisers or experts who have undertaken to evaluate the tenders must sign a statement that they will perform their duties diligently and impartially. If at any time any of the above has any financial or other interest in the public contract, whether direct or indirect, or has any particular or any blood relation or conflict with any person who has an obvious financial or other interest in the tender process, they must make full disclosure of the facts. Article 22 deals with specific situations of conflict of interest. 18 How is the involvement of a bidder in the preparation of a tender procedure dealt with? There is no provision in the Law covering such a situation and so it is anticipated that such pa
Related Questions
- The law states that a majority of a public authority board must be comprised of independent members. What does this mean and how is independence determined?
- Do the Memos include the text of the relevant legislation, regulations, rules or case law?
- Does an injury case require an attorney who "specializes" in personal injury law?
