Does the relevant legislation specifically state or restate the fundamental principles for tender procedures: equal treatment, transparency, competition?
Yes, these principles are well embodied in the Law. Moreover, the principles of proper and good administration require the administrative organs, in the exercise of their discretionary powers, to act according to the principles of justice. 16 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 ob
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