Conflicting activities
i) A Consultant that has been engaged by the Client to provide goods, works or services other
than consulting services for a project, and any of its affiliates, shall be disqualified from
providing consulting services related to those goods, works or services. Conversely, a
Consultant hired to provide consulting services for the preparation or implementation of a
project, and any of its affiliates, shall be disqualified from subsequently providing goods or
works or services other than consulting services resulting from or directly related to the
Consultant’s consulting services for such preparation or implementation. For the purpose of
this paragraph, services other than consulting services are defined as those leading to a
measurable physical output, for example surveys, exploratory drilling, aerial photography,
and satellite imagery.
Conflicting assignments
ii) A Consultant (including its Personnel and Sub-Consultants) or any of its affiliates shall not be
hired for any assignment that, by its nature, may be in conflict with another assignment of the
Consultant to be executed for the same or for another Client. For example, a Consultant hired
to prepare engineering design for an infrastructure project shall not be engaged to prepare an
independent environmental assessment for the same project, and a Consultant assisting a
Client in the privatization of public assets shall not purchase, nor advise purchasers of, such
assets. Similarly, a Consultant hired to prepare Terms of Reference for an assignment should
not be hired for the assignment in question.
Conflicting relationships
iii) A Consultant (including its Personnel and Sub-Consultants) that has a business or family
relationship with a member of the Client’s staff who is directly or indirectly involved in any
part of (i) the preparation of the Terms of Reference of the assignment, (ii) the selection
process for such assignment, or (iii) supervision of the Contract, shall not be awarded a
Contract.
1.6.1 Consultants have an obligation to disclose any situation of actual or potential conflict that
impacts their capacity to serve the best interest of their Client, or that may reasonably be
perceived as having this effect. Failure to disclose said situations may lead to the
disqualification of the Consultant or the termination of its Contract.
1.6.2 No current employees of the Client shall work as Consultants in government ministries,
departments or agencies. Recruiting former government employees of the Client to work for
their former ministries, departments or agencies is acceptable provided no conflict of interest
exists.
Unfair Advantage
1.6.3 If a short-listed Consultant could derive a competitive advantage from having provided
consulting services related to the assignment in question, the Client shall make available to all
short-listed Consultants together with this RFP all information that would in that respect give
such Consultant any competitive advantage over competing Consultants.
