Közbeszerzési Hatóság

30. §

30. §

1. Contracting authorities may jointly award public contracts, conclude framework agreements or operate a dynamic purchasing system with contracting authorities from other Member States of the European Union. However, it shall not be aimed at evading the application of this Act or any other regulation applicable to the contracting authority. (This amendment entered into force on 1 January 2017.)

2. Unless the conditions specified in this Article have been regulated by an international agreement, in the case referred to in paragraph 1, the contracting authority and the contracting authority coming from another Member State shall conclude an agreement that determines:
  1. the responsibilities of each contracting authority, and the law applicable to the public contract, as well as
  2. the internal organisation of the procurement procedure, including the management of the procedure, the distribution of the works, supplies or services to be procured, and the conclusion of contracts.

3. The information specified in paragraph 2(a) shall be referred to in the procurement documents for jointly awarded public contracts.

4. Unless this Act or a separate act of legislation requires the use of a specific central purchasing body, the contracting authority may employ a central purchasing body located in another Member State. The national provisions of the Member State where the central purchasing body has its registered office shall apply to the implementation of the public procurement, as well as the award of the contract ina dynamic purchasing system or based on a framework agreement. (This amendment entered into force on 1 January 2017.)

5. A contracting authority may set up a joint entity with a contracting authority from another Member State of the European Union in order to award a public contract (public contracts). In this case, the participating contracting authorities shall, by a decision of the main competent body of the joint entity, agree on the applicable national procurement rules of one of the following Member States:

  1.  the national provisions of the Member State where the joint entity has its registered office; or
  2. the national provisions of the Member State where the joint entity is carrying out its activity.

6. The joint entity referred to in paragraph 5 may either be established for an undetermined period, or may be limited to a certain period of time, to certain types of contracts or to one or more individual contract awards, on condition that this is provided for in the joint entity’s instrument of constitution.