Conflict of interest in accordance with art. 23 of the Public Procurement Act
JUDr. Jakub Vozáb, PhD. 16.05.2016
Interpretative Opinion. 2/2016 of the Public Procurement conflict of interest
With regard to public procurement principles set out in § 10 para. 2 of the Act no. 343/2015 Coll. on public procurement and on the amendment of certain acts as amended Law no. 438/2015 Coll. (The „Public Procurement Act“) and the obligation defined in § 23 of the Public Procurement Act related to the transposition of the new European legislation EU public procurement are contracting authority / entity / person pursuant to § 8 of the Act Public Procurement (hereinafter referred to as „operator making public procurement“) required ensure that public procurement avoid conflicts of interest that could distort or restrict fair competition or violate the principle of equal treatment, the principle of non discrimination between operators and the principle of transparency. Conflict of interest mainly includes situations where the person who can influence the outcome or the tendering procedure (including people without formal involvement in the course of public procurement) has a direct or indirect financial interest, economic interest or other personal interest that could be considered a threat its impartiality and independence in relation to public procurement.
Operator making public procurement should primarily take action to prevent conflicts of interest. At the same time the operator is required to take such reasonable and effective measures to identify conflicts of interest and subsequently in identifying conflict interest, to take corrective action.
Priority should the actors delivering public procurement should set mechanism for preventing conflicts of interest, for example. creating internal governance an act which will include rules and procedures for people involved in public procurement in order to avoid any possible conflict of interest and its immediate identification. The measures that the entity which undertakes procurement obligation to accept When detecting a conflict of interest, in particular, the exclusion of the person involved in the preparation process or of public contracts or amendments to its duties and responsibilities in order prevent the continuation of a conflict of interest. Operator making public procurement It shall be in accordance with the principles of transparency and proper review by deal with the findings which establish a possible conflict of interest, depending on circumstances, respectively. the stage at which the contract in question is located. If the by an entity which carried out the procurement be identified conflict interests to eliminate any effective measures, the operator is obliged to eliminate procurement of tenderers or candidates in respect of which was the conflict interests identified. In the case of the exercise of supervision by the Public Procurement according to the Public Procurement Act the burden of proof operator making Procurement.