Conflict of Interests (Austria) in Public Procurement Law 2026
Conflict of interests in public procurement: the clash of incompatible interests in a tender procedure that jeopardises the objectivity of the decision.
Definition: In public procurement law, conflict of interests (Interessenkollision) denotes the clash of incompatible private and official interests of a person involved in a tender procedure, where the conflicting interests jeopardise or rule out objective and impartial conduct of the procedure.
Last updated: January 2026 · Legal basis: BVergG 2018 § 26; Directive 2014/24/EU Art. 24; VgV § 6
What is a Conflict of Interests?
The conflict of interests (Interessenkollision) is the Austrian legal term for what German procurement law calls a conflict of interest (Interessenkonflikt) and refers to any situation in which private interests collide with the official duty of neutrality. In Austrian procurement practice the term Interessenkollision is often used synonymously with bias (Befangenheit). The BVergG 2018 obliges all natural persons involved in a tender procedure to act without delay where a conflict of interests exists.
Distinction from "Conflict of Interest"
While "conflict of interest" (Interessenkonflikt) is the term used in the EU procurement directive and in German law, Austrian usage prefers "conflict of interests" (Interessenkollision) or "bias" (Befangenheit) – substantively the terms largely coincide.
Both terms describe the same basic situation: a person has a professional or official interest in an impartial procedural outcome as well as a private interest that is incompatible with the objective performance of duties.
Legal Consequences
Where a conflict of interests exists, the affected persons are obliged to abstain and to inform the contracting authority. If there is no abstention, award decisions can be challenged. In serious cases the conflict of interests can carry criminal-law relevance, for instance where the elements of acceptance of gifts or abuse of office are met.
Related Terms
FAQ
What is the difference between conflict of interests and bias? In a procurement context the two terms are frequently used synonymously. "Bias" (Befangenheit) is more of a general administrative-law term, while "conflict of interests" (Interessenkollision) denotes its specifically procurement-law expression.
Do members of an evaluation panel have to submit a non-bias declaration? This is common and recommended practice in procurement. Many contracting authorities require all participating persons to submit a written declaration at the start of a tender procedure stating that no conflict of interests exists.
Last updated: January 2026 All information provided without guarantee. For legally binding advice, please consult a law firm specialising in public procurement law.
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