Közbeszerzési Hatóság

27. §

27. §

1. Contracting authorities shall be obliged to determine, in accordance with the relevant legislation, the distribution of responsibilities for the preparation, carrying out and internal control of their procurement procedures, as well as the responsibilities of persons and organisations acting on their behalf or involved by them in such procedures and the procedure of documentation applicable to their procurement procedures. In doing so, contracting authorities shall specify in particular the person, persons or bodies responsible for decisions made in the course of the procedure.

2. Where a contracting authority does not have any general rule on public procurement drawn up according to paragraph (1) or fulfils the criteria that allow derogation from such rules as laid down therein, it shall lay down the requirements set forth in paragraph (1) before the preparatory work for the given procurement procedure at the latest.

3.

Persons and organisations acting in the name of a contracting authority or involved in a procurement procedure who or which take part in the preparatory work for the procurement procedure, the preparation of the invitation and the procurement documents, the assessment of tenders or in any other stage of the procedure, shall be required to jointly demonstrate adequate professional competence related to the subject-matter of the public procurement, as well as adequate competence in the field of public procurement, law and finance. The contracting authority shall involve an accredited public procurement consultant in the procurement procedure partly or fully funded by the European Union or reaching EU thresholds in case of public supplies and public services or reaching HUF 500 million in case of public works. (This amendment entered into force on 1 January 2017.)

4. Contracting authorities shall set up an evaluation committee of at least three members, who jointly have the professional competence pursuant to paragraph 3, for the evaluation and assessment of the tenders according to this Act, taking place following the supply of missing information, the provision of requested information or the provision of explanation [Articles 71-72], where appropriate. The evaluation committee shall put forward in writing an expert’s opinion and a proposal for the decision for the person or body making the decision closing the procurement procedure. The work of the evaluation committee shall be documented by drawing up minutes, which may contain the members’ reasoned evaluation sheets, if applied by the contracting authority.

5. The person taking the decision closing the procurement procedure in the name of the contracting authority may not be a member of the evaluation committee. In the case of a collective decision-making process, persons delegated by the decision-making body in the evaluation committee shall be entitled to have right of consultation. In the case of collective decision-making process, a vote by call-over shall be applied.