Közbeszerzési Hatóság

19. §

19. §

1. The choice of the method used to calculate the estimated value shall not be made with the intention of avoiding the application of this Act.

2. A procurement shall not be subdivided with the effect of preventing it from falling within the scope of this Act or the provisions on public contracts the value of which is equal to or greater than the EU threshold.

3. Where a public works contract or a public service contract, which is aimed at the same direct purpose, as well as the procurement of supplies, the intended use of which is the same or similar, is divided into lots and realised through more than one contract, the value of all lots shall be taken into account for the establishment of the estimated value of the public procurement. When determining the existence of the same direct purpose in case of public service contracts the technical and economic-functional integrity of each service shall be taken into consideration.

4. If the estimated value of the public procurement, which is calculated according to paragraph 3, is equal to or greater than the EU thresholds according to this Act, contrary to the provision set out in paragraph 3, the procedure laid down in Part Three of this Act shall apply to contracts

  1. having an estimated value taken alone less than EUR 80 000 in case of services and supplies and less than EUR 1 000 000 in case of public works, (This amendment entered  into force on 1 January 2017.)
  2. in which the total value of the lots does not exceed 20% of the total estimated value of the public procurement calculated according to paragraph 3.

5. For the purposes of paragraph 4, the exceptions allowed under Article 111 shall not apply.

6. Paragraph 2 shall be applied separately to each foreign representation in the case of public contracts for the purchases of foreign representations, separately to each member institution in the case of training centres maintained by the minister responsible for vocational training and adult education, separately to each parliamentary panel and allocation in the case of procurement procedures to be financed from the operational and supply allocation of the parliamentary panels stipulated by law, and separately to the purchases to be realized from the allocation granted to the bodies specified in Article 8(1)(a)-(c) and Article 10(1) of Act CLXIII of 2011 on the Prosecution Service.