In Chapter 8, Articles 76-80 of the Public Procurement Act (OG 120/16) address the prevention of conflicts of interest.

Pursuant to Article 76 of the Public Procurement Act (“Official Gazette” No. 120/16), the City of Rijeka as a public contractor publishes that there are no economic operators with whom the contractor’s representatives – mayor and deputy mayors and persons related to them – are in a conflict of interest.

Preventing conflicts of interest – Article 76 of the Public Procurement Act

(1) A conflict of interest between contracting authorities and economic operators includes situations in which the representatives of the contracting authority or the service provider of the procurement office that act on behalf of the contracting authority included in the implementation of a public procurement procedure or who may influence the outcome of such a procedure, have direct or indirect, financial, economic or any other personal interest that could be considered harmful to their impartiality and independence within the procedure and in particular:

  • if the representative of the contracting authority performs at the same time management-related activities with the economic operator, or
  • if the representative of the contracting authority holds business interests, share or other rights entitling it to participate in management, that is, capital of the economic operator by more than 0.5%.

 

(2) The representative of the contracting authority within the meaning of this Article shall mean:

  • the head and a member of the contracting, management and supervisory body of the contracting authority
  • a member of the professional committee responsible for public procurement
  • another person included in the implementation or a person that can influence the contractor’s decision making in public procurement procedures, and

4 Persons referred to in points 1, 2 and 3 hereof with the service provider that act on behalf of the contracting authority.

(3) Tenderers, community members and subcontractors shall be deemed economic operators referred to in paragraph 1 hereof.

Article 77

  • The provision of Article 76 (1) hereof shall be appropriately applicable on blood relatives in direct or indirect line up to the fourth degree, relatives by marriage up to the second degree, the spouse or life partner, irrespective of whether the marriage has terminated or not, and adoptive parents and children (hereinafter: related persons) of the representatives of the contracting authority referred to in Article 76(2) point 1 hereof.

 

(2) By way of exception, there is no conflict of interest if the related person of the representative of the contracting authority acquired business interests, shares, or other rights entitling it to participate in management, that is, capital of the economic operator by more than 0.5% in a period of at least two years prior to nomination or assuming the duty of the representative of the contracting authority with whom it is related.

Article 78

The transfer of ownership shares to another person or a specific body (trustee), pursuant to special regulations on the prevention of conflicts of interest shall have no influence on the conflict of interest within the meaning of Article 76 hereof.

Article 79

In derogation of the provisions of Articles 76 and 77 hereof, there is no conflict of interest if the representative of the contracting authority referred to in Article 76 (2) point 1 hereof or the person related to it referred to in Article 77 (1) hereof performs management-related activities in the economic operator as an official representative of the contracting authority, and not as a private individual.

Article 80

(1) The representatives of the contracting authority shall sign a statement concerning the existence or non-existence of a conflict of interest and update it without delay if any changes occur.

(2) On the basis of the statements given by its representatives, the contracting authority shall:

  • on its website, publish the list of economic operators with whom the representative of the contracting authority referred to in Article 76 (2) point 1, of this Article or persons related to it are in a conflict of interests or inform that there are no such operators and update its contents without delay if any changes occur, and
  • in tender documents of a particular public procurement procedure, shall specify the list of economic operators with whom the representative of the contracting authority referred to in Article 76 (2) is in a conflict of interests or specify that there are no such operators.

(3) If the contracting authority does not own a website, the said list shall be published on a bulletin board or in its official bulletin or otherwise made permanently available to the interested public.