Article 16. Conflict of interest.

1. There is a conflict of interest when a person who, in any capacity, intervenes with functional tasks in the award procedure or in the execution phase of contracts or concessions and can influence, in any way, the result, outcomes and management, has directly or indirectly a financial, economic or other personal interest which may be perceived as a concrete and effective threat to its impartiality and independence in the context of the procurement procedure or in the execution phase. 2. Consistent with the principle of trust and to preserve the functionality of administrative action, the perceived threat to impartiality and independence must be proven by those who invoke the conflict on the basis of specific and documented assumptions and must refer to actual interests, the satisfaction of which can only be achieved by subordinating a interest to the other. 3. Personnel who fall within the hypotheses referred to in paragraph 1 shall notify the contracting authority or the granting body and abstain from participating in the award procedure and execution. 4. The contracting authorities adopt adequate measures to identify, prevent and effectively resolve any possibility of conflict of interest in carrying out the procedures for the award and execution of contracts and concessions and ensure that the obligations referred to in paragraph 3 are respected. EFFECTIVE FROM: 1 ° July 2023

Relazione

REPORT Article 16, paragraphs 1-3, defines the case of conflict of interest for the person who intervenes with functional tasks in the award procedure or in the execution phase of contracts or conces...

Commento

NEW • Compared to the previous art. 42 of the Legislative Decree. 50/16, the conflict of interest can affect any person who intervenes with "functional tasks" in the procedure. It is also specified t...
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