Article 14. Conflict of Interest
On public procurement (ZRU-684-son) · Date: 22.04.2021 · In force
A conflict of interest shall be deemed any situation, as well as the presence of affiliation, in which personal interest, direct or indirect, affects or may affect the proper performance of official or service duties by a person and in which a conflict arises or may arise between their personal interest and rights, as well as legitimate interests of subjects of public procurement.
Officials and other employees of the state customer, the operator of the electronic public procurement system, a specialized organization, an expert organization, as well as members of the procurement commission and experts shall not be entitled to receive any personal benefit, directly or indirectly, in the implementation of procurement procedures, which would be the result of a public procurement transaction concluded with their participation.
The persons specified in part two of this article shall:
be obliged to prevent any manifestations of a conflict of interest in the implementation of procurement procedures that damage and restrict the rights and legitimate interests of other subjects of public procurement;
guarantee the disclosure of any potential, perceived or existing conflict of interest.
The persons specified in part two of this article who become aware of an existing or perceived conflict of interest shall be required to inform their immediate supervisor and the authorized body in the field of public procurement about this. The supervisor, who has received information about the presence of a conflict of interest, shall be obliged to take timely measures to prevent or resolve it and inform the authorized body in the field of public procurement of the measures taken. Upon receipt of information on the presence of a conflict of interest, the authorized body in the field of public procurement shall be obliged to submit relevant information to the state bodies exercising state control in accordance with this Law.
