Közbeszerzési Hatóság

21. §

Applicable procedures

21. §

1. Part Two shall apply for procurement procedures with a value equalling or exceeding EU thresholds, while for procurement procedures with a value below EU thresholds but, at the same time, reaching national thresholds, Part Three shall apply, unless otherwise provided by this Act. The contracting authority is legally authorised to conduct the public procurement procedure according to the provisions of Part Two, even if this Act prescribes that Part Three shall be applied to the procurement concerned. (This amendment entered into force on 1 January 2017.)

2. For the purposes of procurement procedures concerning social and other services specified in Annex 3, excluding concession award procedures, Part Three shall be applied. 

3. For the purposes of concession award procedures, Part Four shall be applied.

4. Specific rules, other than those set out in this Act, pertaining to procurement procedures concerning contracts of contracting entities, are set out in a separate act of legislation. This Act shall apply to procurement procedures concerning contracts of contracting entities, save as otherwise provided for in the separate act of legislation. In a procurement procedure which is conducted by a contracting entity under Article 6 for a purpose other than that of performing its public service activity, the general rules set out in this Act shall apply.

5. The detailed rules pertaining to design contests, which are applicable in particular in the field of town and country planning, architecture and construction or data processing, are laid down in a separate act of legislation.

6. Contracting authorities under Article 5(3) are subject to Part Three, except where their capacity as contracting authorities may also be established on the basis of Article 5(2). In the latter case, the applicable procedure shall be determined on the basis of paragraph 1.