Közbeszerzési Hatóság

69. §

The evaluation process

69. §

1. In the course of the evaluation of tenders and requests to participate, the contracting authority shall examine whether the tenders and requests to participate are in compliance with the conditions set in the procurement documents and by law.

2. The contracting authority shall determine which tenders or requests to participate are invalid and whether there are any economic operators to be disqualified from the procedure. In the course of the award process, contracting authorities shall accept the European Single Procurement Document (ESPD), consisting of a self-declaration, for the purpose of the preliminary verification of the suitability criteria, the non-existence of the grounds for exclusion and the fulfilment of the criteria laid down in Article 82(5), furthermore, assess conformity of the request to participate and tender in all other aspects, perform the acts of evaluation according to Articles 71-72, as necessary. Together with the self-declaration included in the ESPD, the contracting authority shall verify - in case of procedures consisting of more than one stage in the participation stage - data in the databases which are referred to in the self-declaration and are accessible according to paragraph 11.

3. Tenders which are considered appropriate according to paragraph 2, shall be assessed on the basis of the award criteria.

4. Before taking the decision on the result of the procedure, the contracting authority shall invite the tenderer submitting the most favourable tender based  the award criteria, by setting suitable time limit, to submit the certificates specified in the procurement documentation concerning the non-existence of the grounds for exclusion, the suitability criteria and, where appropriate, the objective criteria according to Article 82(5). The organization whose capacities are used by the tenderer shall only submit the relevant certificates in relation to the suitability criteria. Certificates submitted by the economic operator in his tender, request to participate without the invitation specified in this Article may be disregarded by the contracting authority and it is sufficient for the contracting authority to take such certificates into account prior to deciding on the result of the procedure, only in the evaluation of those tenderers the contracting authority intends to invite to submit the certificates. If the tenderer has already submitted the certificates at an earlier date, instead of inviting the tenderer to resubmit the certificates, the contracting authority shall consider as if they were submitted following its invitation to do so and, if necessary, the contracting authority shall request the supply of missing information or the provision of information. (This amendment entered into force on 1 January 2017.)

5. Where the tenderer specified in Article 4 fails to submit or fails to submit properly, even after the supply of missing information or the provision of information, the relevant certificates (including those cases in which the certificate does not confirm the contents of the self-declaration included in the ESPD or is inconsistent therewith), the contracting authority, without taking account of that tenderer’s tender, invites the tenderer submitting the most favourable tender on the basis of the award criteria to submit the certificates according to paragraph 4. The winning tenderer indicated in the decision closing the procedure shall be a tenderer who has fulfilled its obligation of certification prescribed according to this Act and the provisions set out in a separate act of legislation in relation to the suitability criteria, the non-existence of the grounds for exclusion and the criteria specified in Article 82(5).

6. Before taking the decision closing the procedure, the contracting authority may decide that not only the most favourable tenderer but also a predefined number of tenderers ranked behind the most favourable tenderer will be invited to submit the relevant certificates pursuant to paragraph 4. The second most favourable tenderer may only be designated in the summary, if he was also invited to submit the relevant certificates before the decision closing the procedure was taken by the contracting authority. The contracting authority may only make use of the option provided for in this paragraph, where, taking the evaluation method into consideration, a tender may be disregarded without affecting the ranking of the other tenderers.

7. Where, in the course of the evaluation of requests to participate or tenders, the contracting authority has reasonable doubts about the truthfulness of the self-declaration of any economic operator, it can request at any time that the tenderer or candidate concerned submit the certificates specified in paragraph 4 within five business days.

8. Where the contracting authority makes use of the possibility of setting the range of economic operators to be invited to submit a tender in the participation stage of a procedure consisting of more than one stage, and the number of the requests to participate submitted in the given procedure exceeds the range, the contracting authority shall require the submission of the certificates specified in paragraph 4 in the course of the evaluation of the requests to participate and the results of the participation stage shall be established in the light of those certificates.

9. The obligation of ex-post certification of tenderers or candidates is aimed at providing evidence of compliance with the values taken into account by the contracting authority on the basis of the ESPD in relation to the suitability criteria, the non-existence of the grounds for exclusion and the criteria specified in Article 82(5). Where the values taken into account for the purposes of the suitability criteria, the non-existence of the grounds for exclusion and the criteria specified in Article 82(5) are confirmed, the tender or request to participate shall be deemed valid, even if the submitted certificates deviate from the data indicated in the self-declaration made at an earlier stage. However, the data confirmed by the subsequent submission of certificates cannot change the ranking of candidates to be invited to tender, even if those data exceed the values indicated in the previous self-declaration.

10. The Government determines in a decree the ways of certification that the contracting authority shall accept and the documents that the contracting authority may require for the assessment of the suitability and the verification of the non-existence of the grounds for exclusion.

11. Economic operators shall not be required to submit certificates where and in so far as the contracting authority has the possibility of obtaining the certificates or other relevant information directly by accessing an electronic database in any Member State, which is available free of charge and is indicated by the given Member State in e-Certis as a database suitable for certification. If a register is in a language other than Hungarian the contracting authority may request that the Hungarian translation of the relevant certificate or information be submitted. In Hungary, the official registers and the registers referred to expressly in a separate legislation shall be considered to be suitable for replacing the submission of certificates. The Public Procurement Authority shall make available in e-Certis a complete list of Hungarian databases.

12. As regards the suitability criteria, the economic and professional chamber, in the scope of the activity of its members, may create the list of approved tenderers, regulated in detail by a separate act of legislation. The list of approved tenderers shall be registered with the Public Procurement Authority; the Public Procurement Authority shall verify that the conditions for being included in the list meet the requirements set out in this Act and in a separate act of legislation.

13. The contracting authority shall have the right to request information from other public or local bodies, public authorities or economic operators for the verification of the contents of certificates, statements submitted in the tender or in the request to participate. The entity addressed shall be obliged to provide the contracting authority with the information within three business days.

14. For the purposes of the verification of non-existence of the grounds for exclusion and the assessment of suitability, the contracting authority shall have the right to manage data concerning identity, as well as skills, qualifications, professional experience, current membership in an organisation or public body and a business organisation of the persons designated in the tender or the request to participate. For the purposes of the verification of non-existence of the grounds for exclusion, a certificate attesting clean criminal record may also be requested pursuant to the rules for certification set out in a separate act of legislation. The declaration, specified in a separate act of legislation, to be submitted for the purposes of the verification of non-existence of the grounds for exclusion may also be a declaration made for an economic or professional chamber by its member.