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General Terms and Conditions for use of the e-JN information system

REVIEW:

I.    Introductory provisions
II.   Basic data on the e-JN information system
III.  User obligations
IV.  Administrator obligations
V.   Personal data
VI. Final provisions

I.    Introductory provisions

 

Article 1 (General)

The General Terms and Conditions for the use of the e-JN information system (hereinafter: General Terms and Conditions) determine general rules for operations of the e-JN information system and the conditions of its use. The content of the General Terms and Conditions represents a legally applicable and binding agreement between the administrator of the e-JN information system and its users.

The Ministry of Public Administration is the owner and author of the e-JN information system. It fully disposes of it and allows the users to use it under the conditions determined in these General Terms and Conditions in compliance with the Instructions for the use of the e-JN information system, the Instructions for the use of the e-Dossier application and while observing the applicable legislation.

The General Terms and Conditions apply for all users using the e-JN information system in any way.

 

Article 2 (Rules of use)

To ensure the high-quality operations of the e-JN information system, the user undertakes to observe the General Terms and Conditions, the Privacy policy and personal data protection in the e-JN information system, the applicable legislation and all instructions and other rules of use published on user pages of the e-JN information system https://ejn.gov.si/when accessing and using the e-JN information system.

The e-JN information system is composed of:

  • functionality of electronic communication in public procurement procedures,
  • functionality of verifying in official records (e-Dossier),
  • functionality of ordering catalogue products (e-Catalogue),
  • functionality of the European Single Procurement Document (ESPD).

 

Article 3 (Terms)

Individual terms used in the General Terms and Conditions have the following meanings as shown below:

  • the e-JN information system is an information system in the public interest, which ensures the implementation of public procurement procedures in an entirely electronic manner, i.e. from the proposal to implement the procurement to the completion of the procedure and ordering of individual products through the catalogue. Several functionalities operate within the e-JN information system, which enable the implementation of individual phases in the public procurement procedure;
  • functionality of electronic communication in public procurement procedures is an electronic communication tool enabling electronic communication and the exchange of information between the contracting authority and the economic operator, especially the electronic submission and receipt of tenders and requests to participate in public procurement procedures in accordance with Article 37 of the Public Procurement Act (Official Gazette of the Republic of Slovenia [Uradni list RS], No. 91/15 with changes; hereinafter: ZJN-3), and it also enables the implementation of reverse electronic auctions, which is a completely electronic form of submitting tender prices in public procurement procedures;
  • functionality of verifying in official records (e-Dossier) denotes a uniform information system established as per Article 77 of the ZJN-3 intended for electronic verification of candidates, tenderers, subcontractors, contractual partners,  economic operators and natural persons in certain official records. The manner of establishing, managing and maintaining the functionality of the e-Dossier, the manner, selection and dynamics of collecting data from official records, the manner of personal data protection and determining access authorisation are governed by the Rules on the single information system for public procurement (Official Gazette of the Republic of Slovenia [Uradni list RS], No. 37/18);
  • functionality of ordering catalogue products (e-Catalogue) enables the implementation of procurements through the functionality, which simplifies and harmonises the procurement procedure, enables transparency of procurements and shortens the time needed for the preparation and implementation of an individual procurement;
  • administrator of the e-JN information system (hereinafter: administrator) is the Ministry of Public Administration, which oversees the smooth functioning of the e-JN information system; 
  • user of the e-JN information system is every person (registered and non-registered user) who uses the e-JN information system in any way;
  • registered user of the e-JN information system is every person who is registered in the e-JN information system and was allocated user rights and a user role;
  • non-registered user of the e-JN information system is every person who uses the e-JN information system without a registration within the rights allocated to non-registered users;
  • main administrator is a person employed by the administrator who allocates rights to the holder and administrator of rights of the contracting authority, legal representative of the economic operator, including access rights to the users of the e-Dossier functionality;
  • contracting authority is an entity awarding the public procurement and uses the e-JN information system for this purpose;
  • economic operator is an entity that uses the e-JN information system for the purpose of reviewing and submitting requests to participate and tenders and participating in specific public procurements;
  • registration means the first registration in the e-JN information system and is done in a prescribed manner by every person who wants to become a registered user;
  • login means each login of a registered user for the purpose of using the e-JN information system.

 

Article 4 (Contents and services provided by the e-JN information system)

Within the framework of functionality of electronic communication in public procurement procedures, the e-JN information system enables the contracting authority to prepare and publish public procurements, review, change, suspend and terminate ongoing public procurements, review the received requests to participate, tenders and invitations to negotiations, the possibility of creating reverse electronic auctions, sending invitations for participation at reverse electronic auctions and their implementation, operating the dynamic purchasing systems, opening of competition under framework agreements, submitting the call to supplement or clarify tenders and the possibility of completing public procurements in the e-JN information system. The e-JN information system also offers functionality of notification (notification centre) which enables contracting authorities to better manage alerts and tasks within the system.

Within the framework of functionality of verifying in official records, the e-JN information system enables the contracting authority to verify economic operators and natural persons while observing Articles 67a and 75 of the ZJN-3 and Article 32 of the Public Procurement in the Defence and Security Sector Act (Official Gazette of the Republic of Slovenia [Uradni list RS], No. 90/12 with changes; hereinafter: ZJNPOV).

Within the framework of functionality of ordering catalogue products, the e-JN information system enables the contracting authority to report about the needs and order products on the basis of implemented public procurements.

The e-JN information system enables the contracting authorities within the functionality of the European Single Procurement Document to create a new ESPD document,  reuse an existing ESPD document or review the tenderer’s ESPD document.

The e-JN information system enables economic operators to participate in published public procurements and receive invitations from the contracting authority to participate in public procurements that were not made public, prepare a request to participate or a tender, electronically submit the request to participate or the tender, review the minutes on the opening of tenders, submit new requests to participate or tenders and receive invitations, supplement tenders at the request of the contracting authority, receive invitations to attend and participate at reverse electronic auctions,  submit new tender prices, accept invitations and cooperate in dynamic purchasing systems, accept invitation and cooperate when opening competition under framework agreements. The e-JN information system also offers functionality of notification (notification centre) which enables economic operators to better manage alerts and tasks within the system.

The e-JN information system enables the economic operators within the functionality of the European Single Procurement Document to import contracting authorities’ ESPD document, to create its response and to review its ESPD document.

 

Article 5 (Publication of public procurements)

The functionality of electronic communication in public procurement procedures does not replace the mandatory publication of information on the public procurement portal https://www.enarocanje.si/.

The contracting authority enabling the submission of a request to participate or a tender through the functionality of electronic communication in public procurement procedures in the e-JN information system thus meets the conditions under Article 37 of the ZJN-3, whereby the use of the e-JN information system is not mandatory and the contracting authority may, at their own discretion, use another means of electronic communication compliant with Article 37 of the ZJN-3.

 

II.    Basic data on the e-JN information system

 

Article 6 (Use of the e-JN information system)

Non-registered users may use a selection of free services and functionalities in the e-JN information system, which do not require logging into the system. The use of other services and functionalities in the e-JN information system is limited or disabled for non-registered users. 

Registered users may use all services and functionalities in the e-JN information system free of charge in compliance with the allocated rights and according to their user role.

 

Article 7 (Technical characteristics of the system)

Within the functionality of electronic communication in public procurement procedures, the e-JN information system ensures the compliance of technical characteristics of the e-JN information system with the requirements of paragraph ten of Article 37 of the ZJN-3.

The technical characteristics of functionality of verifying in official records are compliant with the requirements of Article 77 of the ZJN-3 and the Rules on the single information system for public procurement.

 

Article 8 (Registration and login procedure)

To use all contents in the e-JN information system, a registration in the e-JN information system is mandatory. The registration takes place through the SI-PASS system, which is a single point for verifying the identity of various entities and is owned by the Ministry of Public Administration. The general rules of operations and the rules of use are determined in the conditions of operations of the SI-PASS system. The registration takes place once and is free of charge. 

The registration method depends on the user role. When registering, the user identifies with the certificate from point 18 of Article 2 of the Electronic Business and Electronic Signature Act (hereinafter: digital certificate) with the exception of a legal representative of an economic operator which is a legal entity with a head office in the Republic of Slovenia and whose digital certificate must be registered in the Digital Certificate Record managed by the Agency of the Republic of Slovenia for Public Legal Records and Related Services (hereinafter: AJPES).

When the administrator has to confirm rights before completing the registration of the user (e.g. registration of an authorised officer of a natural person or a sole trader or registration of a company with its head office outside the Republic of Slovenia), the administrator confirms the rights no later than by the end of the next business day following the day when the user requested the rights.

Detailed instructions for registration and logging into the e-JN information system are described in the Instructions for the use of the e-JN information system and the Instructions for the use of the e-Dossier application published on the website of the e-JN information system.

For each login into the e-JN information system, the registered user needs the digital certificate used during the registration. Only a person employed by the contracting authority disposing of the qualified digital certificate may obtain the rights to use the functionality of verifying in official records (e-Dossier).

 

Article 9 (Communication in the e-JN information system)

All communication exchanged through the e-JN information system is primarily delivered by means of messages within the e-JN information system and secondarily also to e-mail addresses, which are provided as contact addresses when submitting individual documents.

By accepting these General Terms and Conditions, the user agrees that all communication between the contracting authority and the economic operator takes place through the contact e-mail address provided by the user when submitting an individual document. In the event of a dispute, the contracting authority must only prove that the message that was forwarded to relevant e-mail addresses left their electronic mail delivery system. 

Each user undertakes to regularly check the messages in the economic operator’s profile in the e-JN information system and their contact e-mail address.

 

Article 10 (Due diligence data storage)

The data enabling a login in the e-JN information system, including the digital certificate, must be stored with due diligence and must not be forwarded to third persons for use or enable their access to the e-JN information system. A registered user is responsible for all damage caused directly or indirectly if unauthorised third persons used their access to the e-JN information system.

Login details are a unique identifier of the registered user. It is understood that the person logging into the e-JN information system is the same person whose data is provided in the registration form and that their data is complete and accurate. The user is responsible for all activities carried out in the e-JN information system when logged in with their login data.

If the registered user suspects that their login data was misused, they must inform the administrator as soon as possible.

 

Article 11 (User roles)

A registered user of the contracting authority or the economic operator may dispose of a diverse selection of user rights, which they may implement through user roles allocated to them in the e-JN information system or within an individual functionality.

User roles are described in the Instructions for the use of the e-JN information system.

 

Article 12 (Operations of the e-JN information system) 

The e-JN information system refreshes data according to the principle of its receipt (data that arrives first in the system is processed first).

The time set in the e-JN information system (so-called server time) is considered the official time on the basis of which deadlines start for individual actions in public procurement procedures.

In the e-JN information system, the documentation is published in digital form and must not exceed 200 MB per individual file or no more than 300 MB for the entire public procurement procedure (electronic submission of files takes more time in the case of large files).

 

Article 13 (Technical assistance)

In the event of problems or questions, the user may send a message to ekc@gov.si or call 080 2002. The single contact centre is available at https://www.gov.si/drzavni-organi/ministrstva/ministrstvo-za-javno-upravo/o-ministrstvu-za-javno-upravo/direktorat-za-informacijsko-druzbo-in-informatiko/urad-za-podporo-uporabnikom/enotni-kontaktni-center/.

 

III.    User obligations

 

Article 14 (Use of the e-JN information system)

The user undertakes to use the e-JN information system exclusively for the purpose for which it was established and merely in the manner as anticipated by the regulations and the General Terms and Conditions.

The administrator and the institution managing the official records from which data is obtained for the functionality of verifying in official records (e-Dossier) can at any time request the e-Dossier user to provide evidence for their entitlement to make enquires within the functionality. The e-Dossier user must provide the requested evidence within five business days after receiving the request.

For each attempted or actual abuse or use of the e-JN information system contrary to the General Terms and Conditions or other rules for its use, the administrator may prevent the registered user from using the e-JN information system. Such attempted or actual use or abuse by the user or a third person may be discussed as a criminal offence.

The user particularly undertakes:

  • not to use or abuse the e-JN information system for an illegal or unethical purpose;
  • not to acquire, collect and/or store data on other users in an illegal manner or illegal purpose;
  • not to copy or disseminate files or information uploaded or published by other users of the e-JN information system and for which they know or should have known that are contrary to the General Terms and Conditions or may not be disseminated in accordance with the law;
  • not to use computer codes, malware or anything that would interrupt, disable or harm the e-JN information system, the administrator or their software and hardware;
  • not to interfere with the e-JN information system in any way that would change, remove or damage the data or contents published in an illegal manner;
  • not to deliberately interrupt or disrupt the regular flow of communication between the users and the e-JN information system;
  • not to misuse the e-JN information system for false presentation, dissemination of advertising material or other unwanted contents;
  • to act with all due diligence when submitting data for which special protection applies (personal data, classified information or business secret) and only submit data to the e-JN information system for which they have the right to forward and use such data only in the manner prescribed by the regulations governing personal data protection;
  • to regularly check their profile in the e-JN information system by regularly logging in the e-JN information system and examining whether they received a new message if for any reason they failed to receive a notification on their contact e-mail address;
  • to provide their contact e-mail address in their user profile, which they will check regularly and to which the information system, the administrator or another user may send notifications.

 

Article 15 (Submission of the tender and other documents)

The user, authorised in the e-JN information system by the economic operator to submit tenders, submits the tender by clicking the "Submit tender" button. Upon the submission of the tender, the e-JN information system records the user’s identity and the time the tender was submitted. When submitting the tender, the user declares and expresses the intention to submit a binding tender in the name of the economic operator (Article 18 of the Code of Obligations). After the submission, the tender remains binding for the period determined in the tender unless the user withdraws or changes it before the expiry of the tender submission deadline.

The user may also submit other legally binding documents in the e-JN information system, e.g. request to participate in the public procurement, submission of clarifications or supplements to the tender on the basis of the contracting authority’s request, etc. The same rules apply for the submission of these documents as for the submission of the tender.

 

Article 16 (Consequences of violations for the user)

Due to the violation of the General terms and Conditions and other rules of use or other illegal or harmful conduct towards third persons, the administrator may temporarily or permanently prevent the user from accessing and using the e-JN information system without prior notice. 

The user is fully morally, materially and criminally liable for any damage incurred by the administrator or a third person due to their conduct.

 

IV. Administrator obligations

 

Article 17 (General obligations and ongoing system maintenance)

The administrator is responsible for ongoing smooth operations of the e-JN information system. To ensure the best user experience, the administrator ensures constant updating of the system. The use and access to the e-JN information system are usually ensured 24/7 on every day of the year. 

The administrator reserves the right to interrupt the access to the e-JN information system due to technical reasons and reasons linked with equipment maintenance or replacement, etc. If possible, the interruptions will take place at the time when services are not implemented (usually on non-working days or at night).

The administrator reserves the right to change individual programme functions of the e-JN information system for the electronic submission of tenders without prior notice.

 

Article 18 (Administrator’s liability disclaimer)

The administrator does not check the data entered in the e-JN information system and is not liable for the accuracy or nature of data entered in the e-JN information system by individual registered users. The economic operator and the contracting authority or the registered user are obliged to act in accordance with the principles and rules applicable in the Republic of Slovenia when using the e-JN information system (principle of good faith and fair dealing, principle of due diligence, protection of personal data and business secrets, etc.).

The administrator does not accept any liability for damage incurred by anyone due to the use of the e-JN information system.

On their own initiative or following a notification by a user, the administrator reserves the right in founded cases to change or remove a post or information that is contrary to the applicable regulations, especially those of an offensive or misleading nature. The administrator does not usually interfere with published tender documentation, tenders or other documents uploaded in the system and is not liable for their content.

 

Article 19 (Non-functioning of the e-JN information system)

Since the information system is complex, it is not possible to fully exclude the possibility of defects in the functioning of software and hardware. The administrator does not guarantee access to the e-JN information system, especially on the occasion of possible network failures or any other failures, faults, other technical malfunctions or interruptions in the functioning of third persons or connected information systems (power supply, electronic signing, etc.) and force majeure. If the functioning of the e-JN information system is interrupted, the administrator will do everything possible that the non-functioning is as short as possible and that the operations are re-established as soon as possible. The administrator is not liable for direct or indirect damage incurred by anyone due to technical problems or non-functioning of the e-JN information system or other connected systems (SI-PASS).

WARNING FOR ECONOMIC OPERATORS

Begin preparing your tender for the submission on time. You are advised to register in the e-JN information system as soon as possible or before the submission of your first tender. The time needed for the electronic submission (sending) of documents depends on the size of the files, the browser version and type, the number of economic operators using the e-JN information system simultaneously and the quality of your Internet connection. Due to the complexity of the e-JN information system and the environment in which the system works and depending on numerous factors, you are advised to start your electronic submission early and on time.

If you encounter problems when submitting your tender, contact the helpdesk (single contact centre: 080 2002) at a reasonable time that still allows for the elimination of problems. We will do everything reasonably possible to help you when using the e-JN information system.

The website of the e-JN information system is safe and the system functions in Chrome, Mozilla and Microsoft Edge browsers. You are advised against using Internet Explorer, since it is no longer supported. If you decide to use Internet Explorer, problems may occur in the e-JN information system, which are outside the control and responsibility of the e-JN system administrator and the registered user. Internet Explorer was replaced by Microsoft Edge.

To assist you, we have prepared detailed instructions for the use of the e-JN information system and several presentation videos. Many answers to your questions can also be found among the frequently asked questions (https://ejn.gov.si/aktualno/vec-informacij-ponudniki.html in https://ejn.gov.si/aktualno/vec-informacij-narocniki.html).


 

Article 20 (Documentation storage)

The documentation submitted in the e-JN information system by registered users will be stored no more than six months after the completion of the procedure in the e-JN information system. After that time, the documents will be deleted and the contracting authority’s registered user who prepared the public procurement will be informed in advance at the e-mail address provided at the registration.

The metadata about the documentation submitted will not be deleted from the e-JN information system.

The contracting authority is solely responsible for suitable archiving of the documentation on the public procurement. The administrator does not provide the archiving service and is not liable for it.

 

Article 21 (Acquisition of certain data)

The e-JN information system is connected to publicly accessible data from the Slovenian Business Register. For the needs of the e-Dossier functionality, the data is obtained with the tools for electronic data acquisition from the official records provided in Article 77 of ZJN-3 and in  the Rules on the single information system for public procurement and are acquired on the basis of the contracting authority’s request whereby the record of offences in the field of employment relations and undeclared employment are not connected with the e-Dossier functionality for this purpose. The e-JN information system is also connected to the public procurement portal. For the needs of preparing and submitting notifications to be published with regard to the public procurement as per Article 52 and 56 of the ZJN-3, certain data entered in the e-JN information system is automatically copied into these notifications.

 

V. Personal data

 

Article 22 (Personal and other data protection)

The administrator carefully protects all data entered in the e-JN information system by the registered user upon the registration or when using the system. 

The administrator does not check, monitor or process data entered in the e-JN information system in any way. If a special method of protection applies for a certain type of data (personal data, classified information or business secrets), the registered user is responsible for this type of data and its careful processing, and they may only enter data in the e-JN information system for which they were granted the right to enter and may use as prescribed by the regulations.

When using the web page of the e-JN information system, the user may accept cookies of the Google Analytics service. More information on the data being collected, their role and the option of accepting or removing the cookies is provided in chapter V Privacy policies.

 

Article 23 (Joint controller agreement)

When registering and using the e-JN information system, the user enters into the system certain data that may also be accessed by the administrator of the system. By accepting these General Terms and Conditions, which have the status of a contract concluded between the administrator and the user, the user concludes on their behalf and on the behalf of the entity for which they use the e-JN information system the joint controller agreement on personal data entered in the e-JN information system, which is concluded on the basis of Article 26 of the General Data Protection Regulation.

The administrator accepts the data, stores it on their servers, safeguards it in the manner determined in Article 25 of these General Terms and Conditions and uses it exclusively for the purposes and in the manner defined in these General Terms and Conditions and the Privacy policy.

The user agrees that the administrator may conclude an agreement relating to technical functioning of the e-JN information system with a contractual processor who, for the exclusive needs of maintenance, will have access to certain data necessary for the functioning of the e-JN information system. The administrator and the contractual processor conclude an agreement in which both parties determine the processor’s obligations towards the controller, the content and duration of processing, the nature and purpose of processing, the type of personal data, the categories of users to which personal data refers, including the controller’s obligations and rights.

 

 

Article 24 (Purpose of processing personal data)

The e-JN information system is an information system in the public interest since it ensures electronic support for the entire public procurement procedure and pursues the strategic objectives of high-quality, efficient and simple implementation of public procurement procedures. 

The purpose of processing the registered user’s personal data within the e-JN information system is the need to dispose of data on the system users with verifiable identities for the needs of legal security and system functioning. The basic purpose of the functionality of electronic communication in public procurement procedures is the exchange of information and documents in public procurement procedures whereby information may contain personal data on the users and third persons. The administrator does not process this data in any way, although it is stored within the e-JN information system. 

The e-JN information system disposes of the following types of personal data:

  1. general data on registered users,
  2. data contained in the documentation that the user uploads in the e-JN information system,
  3. data, processed within the functionality of verifying in official records (e-Dossier) and
  4. data on the IP address sub-pages visited within the e-JN information system.

Detailed information on the type of personal data processed in the e-JN information system is presented in the privacy policy and the personal data protection in the e-JN information system, which compose integral parts of these General Terms and Conditions.

 

Article 25 (Method of personal data protection)

The user accesses the e-JN information system through a secure connection enabling the protection of privacy and the data submitted. Communication between the user and the e-JN information system is encrypted. 

The administrator adopted all prescribed procedures and measures to protect personal data and prevent unauthorised processing of this data by:

  • providing the protection of premises, equipment and systemic software;
  • providing the protection of application software used for processing personal data, e.g. devices enabling access to personal data are protected in a way that prevents the access to personal data in the event of unauthorised access to such devices (protection of the device with passwords, encrypting the entire data carrier);
  • enabling the prevention of unauthorised access to personal data during its transfer (including the transfer through telecommunication networks), e.g. to access personal data exclusively in the HKOM network through the VPN technology;
  • subsequent determining about when certain data was used or entered in the personal data collection and by whom;
  • concluding an agreement on personal data processing with a contractual processor of the controller, the Ministry of Public Administration, which ensures technical functioning of the system;
  • promptly eliminating all known security risks in the information system;
  • applying the policy of a clean desk and desktop.

 

 

VI. Final provisions

 

Article 26 (Application of the General Terms and Conditions)

A registered user is bound by these General Terms and Conditions after they confirm during the registration that they have read and agree with them. When the General Terms and Conditions are amended, the user is bound by them after their first subsequent login when they confirm that they agree with the amended General Terms and Conditions.

When a non-registered user starts using the e-JN information system, they agree with these General Terms and Conditions that are published and available on the website of the e-JN information system.

 

Article 27 (Protection of copyright and other intellectual property rights)

Users of the e-JN information system are obliged to observe provisions of the regulations governing copyright and related rights, intellectual property rights and the right to access public information.

The e-JN information system and all its integral parts are protected while observing copyright and the rights of database designers. The use of the e-JN information system contrary to the General Terms and Conditions may denote a violation of these rights and result in the violator’s liability as per the applicable regulations.

The user may not change, copy or reproduce in any other way, re-publish, send by mail or use and disseminate in any way the e-JN information system as a computer programme or a database for commercial or non-commercial purposes without an explicit prior written consent of the Ministry of Public Administration.

 

Article 28 (Subsidiary use)

The applicable rules of the act governing electronic operations and electronic signature, the act governing the code of obligations and other regulations applicable in the Republic of Slovenia apply for individual questions and cases that are not governed by these General Terms and Conditions.

 

Article 29 (Dispute settlement)

The aim is to amicably resolve any disputes arising from the violations of these General Terms and Conditions. If this is not possible, the competent court in Ljubljana will be responsible for the settlement of disputes.

The General Terms and Conditions are originally written in Slovenian and translated into English. In the event of a dispute regarding the General Terms and Conditions, the Slovenian original will prevail for the needs of interpreting.

 

Article 30 (Entry into force)

These General Terms and Conditions enter into force on 6 March 2023.

The administrator may amend or supplement the existing General Terms and Conditions without prior notification or consent from the users. Users will be informed about the amended General Terms and Conditions upon their first subsequent login in the e-JN information system. If the users fail to agree with the amended General Terms and Conditions, their further use of the e-JN information system will not be possible.