Közbeszerzési Hatóság

41. §

41. §

1. All the statements related to the procurement procedure shall be made in writing between the contracting authority and the economic operators, unless otherwise required by this Act.

2. Where this Act does not expressly provide for a specific form of contact keeping, written statements may be made as follows:

  1. by postal delivery or through direct delivery, taking into account the provision set out in paragraph 5;
  2. by fax;
  3. by electronic means.

3. The contracting authority may prescribe the application of a specific form of contact keeping, but it may not prejudice the equal opportunities of economic operators. Tenderers may not be obliged to make their statements exclusively by electronic means, except in procedures conducted by a central purchasing body, as well as the use of dynamic purchasing system, online catalogue or electronic auction.

4. The statement under paragraph 2(c), may be submitted in an electronic document supplied with an advanced electronic signature - unless otherwise provided by this Act or a separate act of legislation based on the empowerment of this Act -, or meeting the requirements specified in a separate act of legislation based on the empowerment of the Act. (This amendment entered into force on 1 January 2017.)

5. For the purposes of the provision or request of information stipulated by this Act, postal delivery may only be used exceptionally, and in justified cases.

6. In procurement procedures, procedural actions may also be carried out electronically. The method of carrying out of the public procurement procedural actions by electronic means is laid down in a separate Government Decree, the provisions of which may be different from the provisions set out in this Act, to the extent as required by the carrying out of procedural actions by electronic means.