Közbeszerzési Hatóság

34. §

34. §

1. Contracting authorities may reserve the right for economic operators to participate in procedures for the award of public contracts exclusively for those health, social and cultural services referred to in Annex 3, which are covered by CPV codes 75121000-0, 75122000-7, 75123000-4, 79622000-0, 79624000-4, 79625000-1, 80110000-8, 80300000-7, 80420000-4, 80430000-7, 80511000-9, 80520000-5, 80590000-6, from 85000000-9 to 85323000-9, 92500000-6, 92600000-7, 98133000-4, 98133110-8, provided that the economic operators in question fulfil all of the following conditions:

  1. their objective is the pursuit of a public service mission linked to the delivery of those health, social and cultural services referred to in this paragraph;
  2.  they are non-profit-making organizations, in which profits are reinvested with a view to enhance the performance of their public tasks or, where profits are distributed or redistributed, this should be based on participatory considerations;
  3. the structures of management or ownership of the organisation ensure the active participation of employees in the management or require the active participation of employees or stakeholders in the pursuit of the public task; and
  4.  on the basis of this paragraph, they have not been awarded a contract, having a subject-matter subject to this paragraph, by the contracting authority concerned, within the past three years.

2. The contract specified in paragraph 1 shall be limited in time and its maximum duration shall not be longer than three years.

3. The call for competition shall make reference to the reservation of the right of participation in the procurement procedure under this Article.