Section 33, The Public Procurement Act, 2016

(1) Any public officer involved in requisitioning,planning, preparing and conducting procurement processes 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 and regulations made under it.; (c) at all times avoid conflicts of interest, and the appearance of conflicts of interest, in carrying out his duties and in all his conduct. (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 processes 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 entity. (2) Public officer of a procuring entity, or their close relatives, shall not participate as bidders in the procurement processes of the procuring entity. (3) A public officer shall declare his interest, (direct or indirect) in writing and in such form as the Authority may prescribe and excuse himself from any participation in the procurement process in which there has been a declaration. (4) A public officer shall excuse himself under subsection (3) immediately after he becomes aware of the potential conflict; and the requirement to excuse himself shall extend to the administration and management of any procurement contract awarded and such declarations by public officers shall be made to their supervisors and in the case of a committee member to the Chairman or secretary of the committee. Conduct of public officials. 34 35 (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) not 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 or any regulation made under it shall be liable to applicable administrative and civil sanctions as well as to prosecution pursuant to applicable criminal laws, including the Anti-Corruption Act, 2008.