Közbeszerzési Hatóság

43. §

43. §

1. The contracting authority shall publish the following data, information, documents in the Public Procurement Database maintained by the Public Procurement Authority or, if the publication in the Database is not possible, on its own homepage or on the homepage of the maintaining entity:

  1. the public procurement plan and amendment(s) thereto, without delay upon adoption of the plan or any amendment thereto;
  2. data specified in Article 80(2) concerning preliminary dispute settlement, without delay upon receipt of the request for the preliminary dispute settlement;
  3. the contracts concluded in accordance with Article 9(1)(h)-(i) as well as Article 112(1)-(5), without delay upon conclusion of the contract;
  4. the contracts concluded on the basis of the procurement procedure, without delay upon conclusion of the contract;
  5. the summary concerning the evaluation of requests to participate and the summary concerning the evaluation of tenders, at the same time as they are submitted to the candidates or the tenderers;
  6. the following data concerning the performance of the contract: reference to the notice launching the procurement procedure (in the case of procedures without prior publication of a contract notice, to the invitation), the name of the parties to the contract, the establishment whether the performance was in compliance with the contract, the date of the acknowledgement by the contracting authority of the performance of the contract, the date of the payment of the consideration and the value of the paid consideration, within thirty (30) days following the fulfilment of the contract by each party or, in the case of public procurements carried out using subsidies, in the context of the payment of suppliers, following the fulfilment by the entity which is obliged to make payment;
  7. the annual statistical summary defined in a separate act of legislation, by the time-limit laid down therein.

2. The data defined in paragraph 1 are qualified as data to be published in the public interest and their disclosure may not be prohibited by invoking business secrecy. However, where the tender is annexed to the contract by the parties, the public nature of the tender shall be subject to Article 44.

3. If the public procurement plan defined in paragraph 1(a) is published on the homepage, it shall be accessible until the publication of the public procurement plan regarding the following year on the homepage.

4. The data, information, documents specified in paragraph 1(b) and (f)-(g) shall be accessible on the homepage at least for the period specified in Article 46(2).

5. The contracts specified in paragraph 1(c) and (d) shall be accessible on the homepage for a period of at least five years continuously following the performance of the contract.

6. In the case of contracts concluded for a term over one year or for an indefinite period of time, the information specified in paragraph 1(f) shall be updated annually following the conclusion of the contract.