Section 33, The Public Procurement Act, 2004

(1) Any public officer involved in requisitioning,planning, preparing and conducting procurement proceedings and administering the implementation of contracts, shall– (a) discharge his duties impartially so as to assure fair competitive access to public procurement by bidders; (b) always act in the public interest, and in accordance with the object and procedures set out in this Act, in the regulations and in accordance with the Public Service codes of ethics, if any, and where applicable, the Local Government Act, 2004; 30 31 Conduct of public officials. Act No. 1 of 2004. (c) at all times avoid conflicts of interest, and the appearance of conflicts of interest, in carrying out his duties and conducting himself and immediately disclose any conflict of interest and excuse himself from any involvement in the matter. (d) not commit or abet corrupt or fraudulent practices, coercion or collusion, including the solicitation or acceptance of any inducements; (e) keep confidential the information that comes into his or her possession relating to procurement proceedings and to bids, including bidders’ proprietary information; (f) not take up a position of authority in any private concern with which he undertook procurement activities for a period of three years after departure from the procuring (2) Public officers of a procuring entity shall not participate as bidders in the procurement proceedings of the procuring (3) A public officer shall excuse himself from any participation in a procurement proceeding, where a bid has been submitted by a bidder who is a close relative of the public officer, or by a bidder by whom the public officer or the close relative is employed in a management capacity, or as an agent or in which he is member of the board of directors, or has a financial interest. (4) A recusal under subsection (3) shall be effected immediately the public officer becomes aware of the submission of such a bid, but not later than the opening of bids; and the requirement of recusal shall extend to the administration and management of any procurement contract awarded to such a bidder. (5) All public officers and other persons involved in public procurement shall, in accordance with this Act and other applicable legislation– (a) provide full cooperation and disclosure to the Authority, the National Revenue Authority, Auditor-General, and other authorities exercising monitoring and supervisory jurisdiction over public procurement pursuant to the laws of Sierra Leone; (b) no later than thirty days from assuming responsibility and thirty days after leaving office, make a declaration of their assets and liabilities in such form as the Anti-Corruption Commission may determine; the declaration shall be updated annually as well as whenever there is a substantial change in assets and liabilities. (6) Public officers who contravene this Act and the regulation made thereunder are liable to applicable administrative and civil sanctions as well as to prosecution pursuant to applicable criminal laws, including the Anti-Corruption Act, 2000.