Are there rules about how public agencies must treat subcontractors?
- 11.07.2026
I work for a council and I have been asked to sit on a panel evaluating a tender. One of the bidders is owned by someone I used to work with, and I have a personal friendship with them. Do I have to declare it, and what happens if I do not?
You should declare it, and the safest approach is to do so before the evaluation starts. Government procurement guidance and council policies require people involved in procurement to identify and manage actual, potential and perceived conflicts of interest. A friendship or past business relationship can create a perceived conflict, even if you believe you can be impartial. The agency will decide whether you should step back from the evaluation or whether steps can be put in place to manage the conflict. Failure to disclose can damage the process's integrity, expose the agency to legal challenge and lead to disciplinary action. In more serious cases, where there are secret commissions or corrupt benefits, criminal offences under the Crimes Act 1961 and the Secret Commissions Act 1910 may apply. Document the declaration and the decision.
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