Közbeszerzési Hatóság

35. §

Common rules pertaining to economic operators

35. §

1. Tenders or requests to participate may be submitted by several economic operators jointly.

2. In the case of application of paragraph 1, joint tenderers or candidates shall designate among themselves a representative entitled to act on behalf of the joint tenderers or candidates in the course of the procurement procedure.

3. All the statements made on behalf of the group of joint tenderers or candidates shall clearly include the designation of the joint tenderers or candidates.

4. Where this Act stipulates that contracting authorities shall send a notification to tenderers or candidates, furthermore, for the purposes of supply of additional information [Article 56], supply of missing information [Article 71], request of information [Article 71] and request of explanation [Article 72], the contracting authority shall dispatch the information, notification and request addressed to the joint tenderers or joint candidates to the representative defined in paragraph 2.

5. Where the contracting authority prescribes the provision of a tender guarantee [Article 54], the joint tenderers shall provide the guarantee only on one occasion. In the event of the infringement of the validity period of the tender by any joint tenderer [Article 54 (4)], the contracting authority is entitled to receive the tender guarantee.

6. Joint tenderers are jointly liable for the performance of the contract to the contracting authority.

7. After the expiry of the time limit for the submission of tenders or, in the case of a procedure consisting of more than one stage, the expiry of the time limit for participation, the economic operator(s) submitting a joint tender or request to participate may not be replaced.

8. The contracting authority may not require setting up an economic organisation as a condition for participating in the procurement procedure; however, it may be required from successful tenderer(s), if it is justified for the performance of the contract to be concluded pursuant to a procurement procedure. The notice starting the procurement procedure shall clearly set the requirement of the contracting authority for setting up an economic organisation.

9. If a contracting authority allows or requires the setting up of an economic organisation (project company) for the performance of the contract, the contracting authority shall specify the requirements concerning the business organisation to be set up in the procurement documents; the requirements may only be related to the legal form, the minimal amount of the subscribed capital, defined in proportion to the value of the contract, to the scope of the activity of the business organisation and the control of its activity.