Conflict of interest between the contracting authority and the economic operator according to ZJN 2016. covers situations where representatives of a procuring entity or a procurement service provider acting on behalf of a procuring entity, who are involved in the conduct of a procurement procedure or may influence the outcome of that procedure, have, directly or indirectly, a financial, economic or other personal interest which might be considered prejudicial to their impartiality and independence within the procedure, in particular:
1. where a representative of the contracting entity simultaneously performs managerial tasks in an economic operator, or
2. if the representative of the client is the owner of a business share, shares or other rights under which he participates in the management or capital of that economic entity with more than 0.5 %.

An economic operator is a tenderer, a member of a group and a subcontractor.

A representative of the client within the meaning of ZJN 2016 is considered to be:

  1. head of the procuring entity’s body, member of the administrative, management or supervisory body of the procuring entity;
  2. Member of the Expert Committee on Public Procurement and
  3. another person involved in the implementation or who may influence the decision-making of the contracting authority in the procurement procedure; and
  4. persons referred to in points 1, 2 and 3.  procurement service providers acting on behalf of the procuring entity.

 

The provisions on conflicts of interest in Article 76 ZJN 2016 shall apply mutatis mutandis to blood relatives in the right line or in the collateral line up to the fourth degree, relatives by marriage up to the second degree, spouses or extramarital partners, regardless of whether the marriage has ended, and adoptive parents and adoptees (hereinafter: related persons) a representative of the contracting entity referred to in point 1. (Head of a procuring entity’s body, member of the administrative, management or supervisory body of the procuring entity).

Exceptionally, there is no conflict of interest if the related person of the representative of the client is business shares, shares or other rights under which he participates in the management or capital of the economic entity with more than 0.5 % acquired during a period of at least two years prior to the appointment or entry into office of the representative of the contracting entity to which it is affiliated.

 

LIST OF ECONOMIC ENTITIES WITH WHICH STATE ARCHIVE IS IN THE PAZIN, AS A PUBLIC ORDERING PARTY, SHALL NOT STORE PUBLIC PROFESSIONAL CONTRACTS

Under Article 80(2)(1) of the Charter, The State Archives in Pazin, as the contracting authority, publishes a list of economic operators with whom the representatives of the contracting authority and persons associated with them have a conflict of interest:

  1. Dreamdayhr, crafts for organizing events and weddings, Trviž 22, Pazin
  2. Tissue professional, craft for the production of paper and plastic products, Trviž 1, Pazin

 

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