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Section 51: Conduct of public officials

Public Procurement Act · PART VIII: PROCUREMENT INTEGRITY

consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

51. Conduct of public officials (1) A public official involved in planning or conducting public procurement proceedings or contract administration shall— (a) discharge his duties impartially so as to ensure fair competitive access to procurement by suppliers; (b) act in the public interest and in accordance with the objectives and procedures set out in this Act; (c) avoid conflicts of interest, and the appearance of conflicts of interest, in carrying out his duties and conducting himself; (d) not commit or abet any corrupt or fraudulent practice, including the solicitation or acceptance of improper inducements; (e) keep confidential any information that comes into his possession relating to procurement proceedings and to bids, including bidders' proprietary information; (f) for a period of 2 years after leaving the public service, not accept a position of authority in any private concern with which he had official dealings; and (g) declare his assets in such manner as may be prescribed. (2) (a) No public official, or public official’s close relative, shall participate as a bidder in procurement proceedings of that public body and no award of a procurement contract shall be made directly to such official or to any body in which he or his close relative is employed in a management capacity or has a substantial financial interest. (b) In this subsection, “close relative“ includes spouse, child, grandchild or parent.

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