Commercially sensitive information and potential benefits to another party

A COI exists and requires further risk assessment where an advisor has access to commercially sensitive information or can materially influence the outcome to the potential benefit of another party. For example, two different PPP projects, A and B, are managed by the same government entity. Advisors for each project are brought together to develop tender evaluation criteria common to both projects. Subsequently, it is discovered that the commercial advisor for project A is also engaged as the advisor to provide commercial advice to a bidder on project B.

Where there is a conflict of interest, an advisor cannot act on both sides of a PPP project. Exceptions are permitted only in the rare circumstances where the advisor can satisfy the Project Director that the risk is acceptable and can be managed.