Közbeszerzési Hatóság

39. §

39. §

1. The contracting authority shall offer economic operators direct, unrestricted and full access free of charge to the procurement documents by electronic means, except for the request for  registration data. (This amendment entered into force on 1 January 2017.)

2. Where unrestricted and full access free of charge by electronic means may not be provided in the case of certain procurement documents, for any of the following reasons:

  1. the specialised nature of the procurement would require the use of specific electronic means of communication which are not generally available to economic operators,
  2. the contents of the procurement documents may not be displayed using open source applications or applications which are generally available among economic operators or are under a proprietary licensing scheme and the necessary applications or licence cannot be made available by the contracting authority,
  3. the supply of the procurement documents would require specialised office equipment that is not generally available to contracting authorities or
  4. the procurement documents contain business secrets, classified information or any information classified for security or national security reasons, which require such a high level of protection that it cannot be properly ensured by using electronic means of communication that are generally available to economic operators,

the contracting authority shall indicate in the notice launching the procedure how access to the procurement documents will be given to economic operators, possibly by non-electronic means, or what measures will be prescribed in order to preserve the confidential nature of the procurement documents and in what ways can economic operators have access to the documents concerned.