Közbeszerzési Hatóság

28. §

Preparation of the procedure

28. §

1. The contracting authority shall ensure thorough preparation of the procurement procedure, as regards the subject-matter and the estimated value of the public contract. The procurement documents made available by the contracting authority shall ensure that economic operators are given an opportunity in the procedure to make an offer which is technically suitable, physically executable and economically rational. Contracting authorities shall, even during the preparation of the procurement procedure, seek to ensure conditions necessary for high quality performance, protection of environment – in light of the subject-matter of the public contract - and consideration of sustainability concerns, as well as prevention of amendments to the subject-matter of the public contract. The contracting authority can also use the method of value assessment.

2. The contracting authority, under his responsibility specified in paragraph 1, shall conduct a separate examination aimed at the establishment of the estimated value and the results of the examination shall be documented. In the course of the examination, the contracting authority may use methods based on objectivity. Such methods are in particular

  1. inviting the indicative bids concerning the subject-matter of the public procurement,
  2. market research concerning the subject-matter of the public procurement, conducted by organizations specialized thereto,
  3. involving a forensic expert,
  4. tariffs proposed by professional chambers,
  5. detailed database of building projects, which is created and maintained by the relevant professional chambers and is based on execution value,
  6.  price statistics issued by the Public Procurement Authority,
  7. analysis of the contracting authority’s former contracts having a similar subject-matter.

3. In the case of public works, the procedure may only be launched, if the plans meeting the requirements set in a separate act of legislation are available. In the cases specified in a separate act of legislation, the contracting authority shall also provide for the control of plans and design architect's and design engineer's site supervision.

4. Before launching the procurement procedure, preliminary market consultations may be held by the contracting authority with independent experts, public authorities and market participants in order to prepare the procurement procedure and to provide economic operators with information on the public procurement planned and the requirements thereof. Contracting authorities shall take all necessary measures, in particular concerning the disclosure of all the relevant information in the procurement documents as well as the establishment of the suitable time limit for the submission of tenders, to ensure compliance with the principles of fair competition, equal opportunities and equal treatment of economic operators.