Közbeszerzési Hatóság

70. §

70. §

1. The contracting authority shall evaluate tenders within the shortest possible time limit. Notwithstanding Article 69, the contracting authority can decide to declare the procedure unsuccessful without evaluating the tenders, if all final price tenders exceed the amount of the financial cover - to be certified according to paragraph 75(4) - available to the contracting authority in the given procedure. If the contracting authority does not evaluate the tenders, the contracting authority cannot choose to launch a negotiated procedure without prior publication of a contract notice under Article 98(2)(a) on the ground that the procedure was unsuccessful. By way of derogation from Article 69, the contracting authority may also decide to declare the procedure unsuccessful without evaluating the tenders, if the procedure is unsuccessful based on Article 75(2)(e). (This amendment entered into force on 1 January 2017.)

2. If the contracting authority cannot complete the evaluation in good time to allow him to notify tenderers of the decision closing the procedure during the validity period of tenders, the contracting authority may request tenderers to maintain their tenders until a date set, but the extension of the validity period of tenders may not exceed sixty days from the original date of expiry of the validity period. If the tenderer does not make any statement within the time limit set by the contracting authority, it shall be considered that the tenderer will maintain its tender until the date set by the contracting authority. If any of the tenderers refuses to maintain his tender, after the expiry of the original validity period of tenders his tender may not be taken into consideration in the course of the procedure, for the purposes of the evaluation.

3. The contracting authority shall be obliged to evaluate the requests to participate as quickly as possible. If the contracting authority cannot complete the evaluation by the date of sending of the invitation to tender, indicated in the request to participate, all candidates shall be notified at the same time of the new date of sending the invitation to tender, which may not be later than sixty days from the original date thereof, and the candidates shall be notified of the results of the participation stage at an earlier date.