Conflict Of Interest Policy

When bidding for government marketing tenders, Blackbox Design must ensure full compliance, transparency, and ethical integrity to maintain trust and credibility. Below is a refined conflict resolution framework tailored for your agency’s operations.

 

1. Identifying Potential Conflicts

Before tendering, conduct a conflict assessment to identify:

• Existing or Past Government Contracts:
  • Has Blackbox Design worked with other government agencies that may compete with or influence the current tender?
  • Does the agency have an active marketing campaign with a private-sector client that has interests in this government tender?
• Employee & Stakeholder Relationships:
  • Do any team members, partners, or subcontractors have financial, or personal ties to the government department issuing the tender?
  • Are there any past employees of the department currently working at Blackbox Design?
• Public Perception & Political Sensitivities:
  • Will winning this tender impact Blackbox Design’s ability to work with other public sector clients in the future?

 

2. Conflict Assessment & Risk Analysis

If a potential conflict is identified, evaluate:

• Legal & Ethical Compliance:
  • Ensure adherence to Victorian Government Purchasing Board (VGPB) policies, Public Governance, Performance and Accountability Act 2013 (PGPA Act), and Victorian Public Sector Code of Conduct.
• Conflict Categorization:
  • Actual Conflict: Direct financial or personal interests affect impartiality.
  • Perceived Conflict: No direct conflict, but public perception may question fairness.
  • Potential Conflict: A future scenario could create an issue.
• Impact on Tender & Future Engagements:
  • Will this conflict disqualify Blackbox Design from the tender?
  • Can the conflict be managed without compromising integrity?

 

3. Conflict Management Strategies

To mitigate risks and maintain compliance, Blackbox Design should:

1. Transparency & Full Disclosure

• Declare any potential or perceived conflicts in the tender submission.
• Clearly outline past government engagements and provide assurances on confidentiality and impartiality.

1. Separation of Teams & Internal Firewalls

• Assign dedicated teams to different government contracts to prevent internal conflicts.
• Use restricted-access project management systems to separate confidential client information.

1. Confidentiality & Probity Measures

• Implement Non-Disclosure Agreements (NDAs) for all employees and subcontractors.
• Follow secure data management practices to prevent access to sensitive government information.
• Train staff on government probity and ethical marketing standards.

1. External Compliance Oversight

• Establish an internal ethics panel to assess conflicts before tender submission.
• Where necessary, seek an independent probity auditor to review compliance and ensure fair practices.

1. Non-Compete or Exclusivity Clauses (If Required)

• If requested by the government agency, negotiate exclusivity clauses to avoid working with competing departments on similar projects.

 

Resolution & Decision-Making

If a conflict is discovered post-submission or award, Blackbox Design should:

• Engage the Government Agency Immediately
  • Disclose the issue and propose mitigation strategies.
• Internal Review & Recommendations
  • The internal ethics team should assess whether modifications to the project team or scope are needed.
• Modify Scope or Withdraw if Necessary
  • If an unavoidable conflict threatens compliance, consider modifying the engagement or withdrawing from the tender.

Ongoing Monitoring & Compliance

To ensure long-term compliance and maintain credibility:

• Maintain a Conflict of Interest Register
  • Track all potential and past conflicts for transparency.
• Conduct Regular Compliance Audits
  • Ensure all government engagements align with tendering laws and ethical guidelines.
• Implement Ongoing Staff Training
  • Provide training on government procurement rules, ethical marketing, and conflict resolution best practices.
• Update Internal Policies
  • Revise conflict management policies in response to changing government regulations and procurement frameworks.