Közbeszerzési Hatóság

37. §

Publication

37. §

1. The following documents shall be published by the contracting authority:

  1. the prior information notice;
  2. the contract notice launching the open procedure;
  3. the invitation to participate starting restricted procedures, negotiated procedures, competitive dialogues and innovation partnerships, except for the direct invitation to participate starting restricted and negotiated procedures launched by a prior information notice or a periodic indicative notice specified by a separate act of legislation, furthermore, the direct invitation to participate starting restricted procedures, negotiated procedures, competitive dialogues and innovation partnerships launched by a pre-qualification notice pursuant to a separate act of legislation;
  4. the invitation launching a procedure subject to independent procedural rules according to Article 117;
  5. the periodic indicative notice and pre-qualification notice specified in a separate act of legislation;
  6. the contest notice launching a design contest;
  7. the concession notice, except for the procedure specified in Article 128 and 129(2);
  8. the notice on the results of the procedure;
  9. the notice on the results of the design contest;
  10. the information notice concerning an amendment to the contract.

2. The notice on the results of the procedure pursuant to paragraph 1(h)-(i) shall be sent for publication by the contracting authority not later than ten business days after the conclusion of the contract or, failing this, the decision of the contracting authority declaring the procedure unsuccessful or refusing the conclusion of the contract [Article 131(9)]. The procurement procedure shall be concluded by the publication of that notice.

3. If the contracting authority does not intend to conclude any further contract within the period specified in the prior information notice, this fact shall be indicated in the notice on the results of the procedure. (This amendment entered into force on 1 January 2017.)

4. Contrary to the provision set out in paragraph 2, in the case of a framework agreement or a dynamic purchasing system, the contracting authority may publish a common notice on the results of the procedure concerning all the contracts concluded based on the framework agreement or in the dynamic purchasing system. In this case, the notice on the contracts awarded in the previous quarter of the year shall be sent for publication within ten business days after the last day of the calendar quarter.

5. The contracting authority shall send for publication the information notice defined in paragraph 1(j) concerning an amendment to the contract not later than fifteen business days after any amendment to the contract.

6. Contracting authorities shall send notices for publication to the Public Procurement Authority by electronic means as specified in a separate act of legislation. Contracting authorities shall publish notices defined in this Act according to a standard form specified in a separate act of legislation. Detailed rules pertaining to the applicable standard forms, the mandatory content elements thereof and the sending and examination of notices, the related fees and their payment and the way of publication of notices shall be laid down in a separate act of legislation. The fee related to the examination of notices is considered as administrative service fee. The Public Procurement Authority shall be obliged to use the fees to cover the costs of its own operation in the sphere of its basic activity.