Közbeszerzési Hatóság

Basic Information

The Public Procurement Authority (hereinafter referred to as: the Authority) was established by Act XL of 1995 on Public Procurement and was defined as a central budgetary organ. Act CXLIII of 2015 on Public Procurement (hereinafter referred to as the PPA) basically left its structure intact. The Authority is subordinated to Parliament. 
 

Within the framework of the Public Procurement Authority, a Council of 13 members operates. The Council operating within the framework of the Authority includes all three segments of the major actors of public procurements, thus, all the interest groups may take part in the decision making process. The enforcement of the principles of the PPA and specific objectives in the public interest, the interests of contracting authorities and of tenderers shall be the responsibility of the persons stipulated in the PPA.

The PPA defines the organizations that have the right to designate the members of the Council. The members serve for at least a two-year-term. 

The President is elected by the Council for a five-year-term service, and may be reelected once. The Council elects from its members a Vice-President for five years, who is duly empowered to substitute the President in absentia. 

The Secretariat of the Authority is responsible for coordination, preparation and for the implementation of the  decisions of the Council operating within the framework of the Authority, data collection, recording and administration activities. The Secretariat is headed by the Secretary-General; the members of the staff are civil servants. The Secretariat prepares Authority guidelines, which facilitate the application of the regulations applicable for contract award procedures based on experiences drawn from the decisions of review procedures, and which involves practical information on public procurements. Each year the Secretariat responds approximately 250 to 300 written, and each day about 30 to 40 verbal queries providing legal opinion. It has to be emphasized that the opinion of the Secretariat does not have a binding nature and that problems relating to specific cases shall not be solved. The officials of the Secretariat regularly represent the Authority  at various international events, conferences, and respond to invitations received from international organizations and from other states. They also participate actively in the training programs arranged by the Authority.

Before forwarding or dispatching the notice the contracting authority has the possibility, or  - in some cases stipulated in the PPA  - has an obligation  to ask the Authority’s Department for Notice Management – within the body of the Secretariat – to examine the notice to ensure that it complies with the legislation applicable to public procurements. In case the contracting authority ask the examination of the notice a fee, specified in a separate act of legislation shall be paid. 

The Authority’s manifold duties are stipulated in the PPA. Among others the Authority 

  • monitors the application of the law and formulates its opinion on draft legislations, 

  • makes guidelines (without legal force),

  • collects and publishes statistical data on public procurement,

  • edits the Official Journal of the Authority (the Public Procurement Bulletin) verifies and publishes the notices related to the contract award and design contest procedures,

  • maintains the Public Procurement Database, which is the central register of contract award procedures,

  • maintains relationships with public procurement bodies of other EU member states,

  • organizes conferences, trainings, professional courses,

  • monitors the amendment and execution of public procurement contracts,

  • is responsible for the tasks related to the operation and maintenance of the electronic public procurement system

Organizational chart of the Public Procurement Authority: