Közbeszerzési Hatóság

Chapter I - Principles and Scope of the Act (1-2. §)

1. §
  1. This Act regulates procurement procedures and concession award procedures, furthermore, rules concerning the legal remedies related thereto.
  2. For the purposes of Part One as well as Part Five – Part Eight of this Act, procurement procedure shall also mean concession award procedure, unless otherwise provided herein.
2. §

1.    In procurement procedures, contracting authorities shall ensure and economic operators shall respect the fairness, transparency and public nature of competition.

2. Contracting authorities shall ensure equal opportunities and equal treatment for economic operators.

3.In the course of procurement procedures, contracting authorities and economic operators shall act in compliance with the principle of good faith and fair dealing. The abuse of rights is prohibited.

4.The respect of the principle of effective and responsible management shall be a primary consideration for contracting authorities when using public funds.

5. In the course of procurement procedures, national treatment shall be given to economic operators established in the European Union as well as to goods of Community origin. As regards economic operators established outside the European Union and goods originating outside the Community, national treatment is to be given in accordance with the international obligations assumed by Hungary and the European Union in the field of public procurement.

6. Procurement procedures shall be conducted in Hungarian language, however, the contracting authority may allow – but may not require – the use of another language besides the Hungarian.

7. Any derogation from the provisions of this Act is authorised only to the extent that such derogation is expressly allowed by this Act. As regards the application of the provisions of this Act as well as the issues which are not covered by an act of legislation, the objectives of the rules concerning public procurements and the basic principles of public procurement shall be observed in the course of the preparation and the conduct of procurement procedures, the conclusion and the performance of contracts as well as the review procedures related to procurement procedures.

8. The provisions of the Act V of 2013 on the Civil Code (hereinafter referred to as ‘the Civil Code’) shall be applied to contracts concluded on the basis of a procurement procedure, with the differences set out in this Act.