Közbeszerzési Hatóság

Chapter XII - Tenders and Requests to Participate (66-68. §)

The drawing up of tenders and requests to participate

66. §

1. The tender and the request to participate shall be drawn up and submitted by the economic operator in compliance with the requirements for the contents and form set out in the procurement documents.

2. The tender shall contain in particular the explicit statement of the tenderer concerning the conditions set out in the contract notice or invitation to tender, the conclusion and performance of the contract and the requested consideration.

3. No offer may be made in the request to participate.

4. In the tender or, in the case of a procedure consisting of more than one stage in the request to participate, in addition to the submission of other required documents, the tenderer or the candidate shall make a statement whether it qualifies as a micro, small or medium-sized enterprise according to the Act on Small and Medium-sized Enterprises and the Support Provided to Such Enterprises.

5. The tender and the request to participate shall contain a reading sheet which indicates the information specified in Article 68(4) in the case of tenders or the information defined in Article 68(5) in the case of requests to participate.

6. The contracting authority may prescribe in the notice launching the procurement procedure that the following information shall be indicated in the tender or, in the case of a procedure consisting of more than one stage in the request to participate:

  1. those part (parts) of the public procurement for the performance of which the tenderer (candidate) intends to employ a subcontractor,
  2. the subcontractors intended to be employed in those parts, if they are already known at the time of the submission of the tender or the request to participate. 
67. §

1. In the tender or, in the case of a procedure consisting of more than one stage, in the request to participate, the economic operator shall submit his self-declaration included in the European Single Procurement Document (ESPD), concerning the non-existence of the grounds for exclusion, compliance with suitability criteria and, where appropriate, with the objective criteria specified in Article 82(5).

2. The document specified in paragraph 1 shall consist of a formal statement made by the economic operator that he is not subject to the grounds for exclusion and fulfils the relevant suitability criteria, furthermore, he shall provide the information required in the procedure, including data concerning the fulfilment of the suitability criteria. The contracting authority shall indicate in the procurement documents the level of details of information expected in the statement made in the ESPD by the economic operator concerning the fulfilment of the suitability criteria. The statement shall identify the authority empowered to issue the certificate to be submitted according to Article 69(4), it shall include the information necessary for accessing the database pursuant to Article 69(11) and, where appropriate, a declaration of consent.

3. Where the tenderer or the candidate fulfils the suitability criteria by relying on the capacities of another entity, the statement specified in paragraph 1 shall be submitted in the tender or, in a procedure consisting of more than one stage, the request to participate on behalf of the entity providing resources and the entity in question shall certify by the same means as the ones prescribed for the tenderer or the candidate that it is able to fulfil the suitability criteria set, but only as regards the suitability criteria.

4. Tenderers or candidates shall make a statement in their tender or, in the case of a procedure consisting of more than one stage, request to participate that they do not employ for the performance of the contract any subcontractor subject to the grounds for exclusion specified in Article 62 and, if it was prescribed in the given procurement procedure, the grounds for exclusion specified in Article 63. Even in the event that the contracting authority hasn’t prescribed the designation of the subcontractors already known to tenderers, the statement shall be submitted.

Submission and opening of tenders and requests to participate

68. §

1. The documents containing the tenders or requests to participate shall be opened at the time of the expiry of the time-limit for the submission of tenders or the time limit to participate.

2. In the case of submission of tenders and requests to participate by non-electronic means, tenders and requests to participate shall be submitted in one original copy, in writing, in a sealed envelope, by hand delivery or mail, to the address indicated in the contract notice, in the invitation to tender or in the invitation to participate, by the expiry of the time limit to submit tenders or the time limit to participate. The contracting authority may prescribe the submission of electronic copies.

3. In the case of submission of tenders and requests to participate by non-electronic means, the opening procedure may be attended only by the contracting authority, the tenderers (candidates), and persons invited by them and – in case of contracting authorities receiving subsidy for the public procurement – the representatives of the organisations and persons specified in a separate act of legislation. Those persons shall have access to the reading sheet at the opening procedure.

4. Upon opening the tenders, the names and addresses (seat, residence) of the tenderers, as well as the main quantifiable particulars to be assessed according to the award criteria, shall be announced. Before the opening procedure of the tenders is started, the amount of the funds available for the performance of the contract may be disclosed.

5. Upon opening the requests to participate, the names and addresses (seat, residence) of the candidates shall be announced.

6. The contracting authority shall draw up minutes of the opening of the tenders and requests to participate as well as of the provision of the data specified in paragraph 4-5 and shall send those minutes to all tenderers and candidates within five days from the day of opening. The submission of tenders or requests to participate received after the expiry of the deadline shall also be recorded by drawing up minutes and those minutes shall be sent to all tenderers and candidates, including the belated ones.