Answer
28/08/2012
In principle it is permitted to include experts employed by national administrators in the project. Whether there is a conflict of interest is decided on a case-by-case basis as a conflict of interest may arise at a later stage. Although the eventuality of conflict of interest will be evaluated by the evaluation committee set up to that effect after the opening of the offers, it is for the tenderer and the expert in question, to begin with, to assess and decide whether there is a conflict of interest or whether such a conflict may arise at a later stage. In this context we also bring to your attention Annex 5, the Declaration of honour with respect to the Exclusion Criteria and absence of conflict of interest, and in particular points (g) to (k), which all tenderers or consortium members must sign, and which states: g) they have no conflict of interest in connection with the contract; a conflict of interest could arise in particular as a result of economic interests, political or national affinities, family or emotional ties or any other relevant connection or shared interest; h) they will inform the contracting authority, without delay, of any situation considered a conflict of interest or which could give rise to a conflict of interest; i) they have not made and will not make any offer of any type whatsoever from which an advantage can be derived under the contract; j) they have not granted and will not grant, have not sought and will not seek, have not attempted and will not attempt to obtain, and have not accepted and will not accept any advantage, financial or in kind, to or from any party whatsoever, constituting an illegal practice or involving corruption, either directly or indirectly, as an incentive or reward relating to award of the contract; k) that the information provided to the Commission within the context of this invitation to tender is accurate, sincere and complete."