Közbeszerzési Hatóság

58. §

Technical specifications

58. §

1. The contracting authority shall state the subject-matter and quantity of the public procurement, by indicating an optional part where appropriate, in the invitation launching the procedure and, in the case of procedures launched with a prior information notice, the prior information notice.

2. The contracting authority shall lay down the technical specifications concerning the subject-matter of the public procurement in the notice launching the procedure or in the other procurement documents. Technical specifications are the totality of the technical prescriptions defining the characteristics required by the subject-matter of a public contract, which permits the subject-matter of a public procurement to be described in a manner such that it fulfils the use for which it is intended by the contracting authority. Those characteristics may also refer to the specific process or method of production or provision of the requested works, supplies or services or to a specific process for another stage of its life cycle even where such factors do not form part of their material substance provided that they are linked to the subject-matter of the contract and proportionate to its value and its objectives [Article 76(7)].

3. Technical specifications shall ensure equal access of all economic operators to the procurement procedure and shall not have the effect of creating unjustified obstacles to the opening up of public procurement to competition.

4. Detailed rules for the determination and the contents of technical specifications are stipulated by a separate act of legislation.