Guides / Reading tenders / Conflict declarations

Conflict declarations

Record it, disclose it, resolve it, before you price it.


Conflicts belong in a register with disclosure dates and mitigations, not in a footnote discovered at review. This page is the Australian declaration workflow. Part of our guide on how to read a 400-page tender in a day.

Published: 16 September 2026 · By Bill · Reviewed by Andre · selrob

Takeaways

  • Record interests and relationships the day the pack arrives: employment, advisory, financial, familial.
  • Disclose what the pack requires, when it requires it, with the mitigation attached.
  • Jurisdiction rules differ: AU, NZ, and UK probity and exclusion regimes are separate pages.

What goes in the register?

Conflict interest, relationship, disclosure and mitigation register
Interest / relationship Who holds it Disclosure required Mitigation
Former employee now on buyer evaluation panel Delivery lead (worked with them 2021–23) Pack conflict schedule at lodgement Screened from evaluation-contact roles; documented information barrier
Subcontractor also advising the buyer on the programme Proposed specialist sub Immediate written disclosure to contact officer Sub scope fenced from evaluation criteria they helped shape; alternative sub identified
Director shareholding in related supplier Board Pack declaration + probity acknowledgement Director recused from pursuit decisions; holding disclosed

Rows above illustrate the register shape and are hypothetical, not a client record. Real rows name real people and real dates. “No known conflicts” is a finding after this exercise, not a default before it.

What does the pack require?

Read the conflict, disclosure, and probity clauses as instructions: what must be declared, in what form, by when, and to whom, plus the consequences the pack attaches. Commonwealth packs invoke the CPR framework underneath; state packs invoke their own. The Australian rules discussion is on probity in public tenders; this page is the workflow that answers it.

New Zealand and UK regimes are separate: NZ probity and conflicts covers the NZ trail. Do not paste one jurisdiction’s exclusion consequences onto another’s process; cite each jurisdiction-specific claim separately, and where exclusion is in play, that is counsel, not the register.

What does this mean for the bid/no-bid call?

An unmitigable conflict, one the buyer will not accept fenced, is a no-bid made the day it surfaces, before pricing. A mitigable one is a review with a dated mitigation and an owner. Conflicts discovered after lodgement are neither: they are probity events with the firm’s name on them.

Keep reading

Elsewhere in this guide.

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