Közbeszerzési Hatóság

60. §

60. §

1. Contracting authorities may require that economic operators provide a test report from a conformity assessment body or a certificate issued by such a body as means of proof of conformity with requirements or criteria set out in the technical specifications, the award criteria or the contract performance conditions. Where contracting authorities require the submission of certificates drawn up by a specific conformity assessment body, certificates from equivalent other conformity assessment bodies shall also be accepted by contracting authorities.

2. For the purposes of paragraph 1, a conformity assessment body shall be a body that performs conformity assessment activities including calibration, testing, certification and inspection accredited in accordance with Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93.

3. Contracting authorities shall accept other appropriate means of proof than those referred to in paragraph 1, such as a technical dossier of the manufacturer, where the economic operator concerned demonstrates that he had no possibility of obtaining the certificates or test reports drawn up by the body indicated by the contracting authority – or obtaining an equivalent certificate - within the relevant time limit for submission, provided that the lack of access is not attributable to the economic operator concerned. In such cases, the economic operator concerned shall prove that the works, supplies or services to be provided by it meet the requirements or criteria set out by the contracting authority.