impartiality

Impartiality in public procurement means that the people handling a purchasing process on the buyer's side have no personal, financial or other ties that could affect their decisions. If they do, they are disqualified and must step aside. Impartiality rules are personal: they decide who may take part. The broader EU concept of conflict of interest also covers what the contracting authority as an organisation must do to keep the competition fair.

How do impartiality rules work?

Under EU Directive 2014/24/EU (Article 24), contracting authorities must take appropriate measures to effectively prevent, identify, and remedy conflicts of interest throughout the procurement process. National impartiality (disqualification) rules are the main tool for this, and they apply to all staff involved in the process, including external consultants acting on behalf of the contracting authority.

Certain situations automatically trigger disqualification, for example if an evaluator has a family relationship with someone at a tendering company, or holds a position on their board. Beyond these automatic grounds, a broader assessment applies: any situation where a person's impartiality could reasonably be questioned may lead to disqualification.

A useful rule of thumb: if the situation would look questionable on the front page of a newspaper, it probably needs to be addressed. In Norway, where the concept is known as "habilitet", courts have established that stricter standards apply in procurement cases than in general administration.

Why are impartiality rules important?

These rules matter for several reasons:

• They ensure equal treatment of all suppliers in a tender procedure
• They protect public trust in how taxpayer money is spent
• Contracting authorities are obligated to have systems for preventing and managing conflicts
• Suppliers can challenge decisions through complaint bodies like KOFA in Norway

The consequences of unaddressed conflicts can be severe. If a conflict is discovered after award criteria have been evaluated, it may lead to a supplier's exclusion or even the cancellation of the entire competition. Tools like Cobrief help suppliers monitor contract notices and keep track of procurement processes where transparency and fair treatment are essential.

Impartiality rules are a cornerstone of public tender regulations. By ensuring that decision-makers remain impartial, these rules uphold fair competition and public confidence that procurement serves the common good.