Közbeszerzési Hatóság

25. §

Conflicts of interest

25. §

1. Contracting authorities shall take all the necessary measures to prevent conflicts of interest and avoid any distortion of competition.

2. Persons or entities on behalf of the contracting authority, - including the procurement service provider and those employed by it - unable to perform their functions in an unbiased and objective manner for whatever reason, in particular due to economic or other interests or any other common interest with an economic operator participating in the procedure, shall not participate in the preparation and the execution of the procedure, for that shall qualify as a conflict of interest. (This amendment entered into force on 1 January 2017.)

3. The following entities may not participate in the procedure as a tenderer, candidate, subcontractor or an organization participating in the certification of suitability, for that is qualified a conflict of interest:

  1. persons or organizations involved by the contracting authority in the pursuing of any activity relating to the procedure or to the preparatory work thereof,
  2. any organization, if

ba) its executive officer or a member of its supervisory board,

bb) its owner,

bc) a relative living in the same household as the person specified in point ba) and bb) is involved by the contracting authority in the pursuing of any activity relating to the procedure or to the preparatory work thereof[1],

where their involvement in the procedure may have the effect of distorting competition.

4. In addition to the entities specified in paragraph 3, with the exception of public limited companies, an organization may not participate in the procedure as a tenderer, candidate, subcontractor or an organization participating in the certification of suitability, if it is owned by

  1. the President of the Republic,
  2. the Speaker of the National Assembly or the Deputy Speaker of the National Assembly[2],
  3. the member of the Government[3],
  4. the President of the Curia, the President of the National Judiciary Office,[4]
  5. the Prosecutor General[5],
  6. the President of the Constitutional Court[6],
  7.  the President of the State Audit Office[7],
  8. the President of the Public Procurement Authority, the Head of the Equal Treatment Authority, the President of the Hungarian Competition Authority, the President of the Hungarian National Authority for Data Protection and Freedom of Information, the President of the National Election Office,  the President of the Hungarian Central Statistical Office, the Head of the Hungarian Atomic Energy Authority, the President of the Hungarian Intellectual Property Office, the President of the National Tax and Customs Administration of Hungary, the President of the National Research, Development and Innovation Office, the President of the National Media and Infocommunications Authority, the President of the Hungarian Energy and Public Utility Regulatory Authority, or[8]
  9. the President of the Hungarian Central Bank[9],
  10. – m)[10]

or by an entity of the relative living in the same household as the persons specified in points a)-i)[11], for that is qualified a conflict of interest.

5. Should the participation in the procurement procedure of a person or organization involved in the preparatory work of the procedure have the effect of creating a conflict of interest pursuant to paragraph 3 and 4, the contracting authority shall be obliged to notify such a person or organization thereof, considering in particular the extra information gathered by it.

6. Persons or organisations acting on behalf of the contracting authority or involved by the contracting authority in the pursuing of any activity relating to the procedure or the preparatory work thereof shall declare in writing specifying whether they are subject to the conflicts of interest set out in this Article.

7. For the purposes of paragraph 3, the participation of any person (organisation) in the procedure

  1. from whom or which the contracting authority requested information for the assessment and market survey related to the given public contract or for the assessment of the estimated value of the public contract, without the indication of the starting date of the public procurement, and only advising them of the data necessary for the assessment,
  2. who or which participated in the preliminary market consultation [Article 28(4)] held by the contracting authority,
  3. from whom or which the contracting authority received a price offer necessary for the submission of the application (claim) for subsidies,

does not entail the distortion of competition and does not qualify a conflict of interest, on condition that, in relation to the application of point (a), (b) or (c), those persons (organizations) were not given any information beyond the scope of the data disclosed to all tenderers or candidates by the contracting authority in the course of the procurement procedure.

8. Tenderers or candidates may be excluded from the procedure on the basis of this Article only if equal opportunities may not be guaranteed in any other way for economic operators participating in the procurement procedure. Prior to the exclusion, the contracting authority shall, by a request for supply of missing information or provision of information, ensure that the economic operator concerned is given an opportunity to prove that its participation in the preparation of the procurement procedure does not violate the principles of equal opportunity and fair competition or to prevent the conflict of interest in any other way. The measures taken by the economic operator in order to prevent the conflict of interest shall be indicated by the contracting authority in the summary concerning the evaluation of tenders (requests to participate).


[1] This amendment entered into force on 12 December 2015.

[2] This amendment entered into force on 12 December 2015.

[3] This amendment entered into force on 12 December 2015.

[4] This amendment entered into force on 12 December 2015.

[5] This amendment entered into force on 12 December 2015.

[6] This amendment entered into force on 12 December 2015.

[7] This amendment entered into force on 12 December 2015.

[8] This amendment entered into force on 12 December 2015.

[9] This amendment entered into force on 12 December 2015.

[10] These points were repealed on 12 December 2015.

[11] This amendment entered into force on 12 December 2015.