Közbeszerzési Hatóság

36. §

36. §

1. In the course of the same procurement procedure or, in the case of a possibility of division of a contract into lots the contract concerning one lot, the tenderer or the candidate

  1. may not submit another tender or another request to participate jointly with another tenderer or candidate,
  2. may not participate as a subcontractor of another tenderer or candidate,
  3. may not certify the suitability of any other tenderer or candidate for the performance of the contract [Article 65(7)].

2. Where a contracting authority experiences an obvious breach of the provisions set out in Article 11 of the Hungarian Competition Act (Act LVII of 1996 on the Prohibition of Unfair and Restrictive Market Practices; hereinafter referred to as: the ‘CA’), as well as the provisions set out in Article 101 of the TFEU or it has a sound reason to assume it in the course of its procedure, the contracting authority shall notify the Hungarian Competition Authority thereof in accordance with the provisions of the CA regarding notification or complaint.

3. Where the minister responsible for public procurements or the minister responsible for the use of EU funds experiences an obvious breach of the provisions set out in Article 11 of the CA or the provisions set out in Article 101 of the TFEU or it has a sound reason to assume it in the course of the legal control of procurement procedures, public contracts, works or service concessions or any amendment thereof, the minister notifies the Hungarian Competition Authority in compliance with the provisions of the CA concerning notification or complaint and, in doing so, he is entitled to transfer any data, which is made available in the course of the control of the procurement procedure, public contract, works or service concession concerned or any amendment thereof, with the exception of qualified data, to the Hungarian Competition Authority.