Közbeszerzési Hatóság

71. §

Request for the supply of missing information, for the provision of information and correction of calculation errors

71. §

1. The contracting authority shall ensure the possibility of supplying missing information under the same conditions for all tenderers and candidates and it shall request information from the tenderer or candidate for the purpose of clarifying the content of any ambiguous statement, declaration, certificate included in the tender or request to participate.

2. The request for supply of missing information or provision of information shall be sent by the contracting authority directly to the tenderer or candidate, informing about this fact at the same time all the other tenderers or candidates and setting the time limit and, in the case of request for the supply of missing information, specifying the information to be supplied.

3. The supply of missing information shall be restricted to align the tender or the request to participate with the requirements set out in the procurement documents or the relevant legislation. In the course of the supply of missing information the documents, including the documents to be submitted according to Article 69(4)-(5), included in the tender or the request to participate may also be modified or complemented.

4. Where the contracting authority finds that, for the purposes of the certification of suitability, the tenderer or the candidate relies on the capacities of an economic operator or nominated a subcontractor which is subject to a ground for exclusion according to Article 62(1)(a)-(h), (k)-(n), (p)-(q)[1] and, on the basis of his conduct in a previous procedure, (j) or, if required by the contracting authority, Article 63, in addition to the exclusion of the economic operator concerned, the contracting authority shall request, in the framework of supply of missing information, that the tenderer or candidate nominate, if necessary, another economic operator to replace the excluded one. (This amendment entered into force on 1 January 2017.)

5. Throughout the whole time available – specified in the request or notification according to paragraph 2 – for any tenderer or candidate in order to supply missing information, the tenderer or candidate has the right to supply any missing information in relation to which he has not been requested by the contracting authority to supply missing information.

6. If the contracting authority perceives any missing information not mentioned in the previous request(s) for missing information, it shall be obliged to request for another supply of missing information. Where, in the course of the supply of missing information, the tenderer or candidate involves in the procedure an economic operator which was originally not included in the tender or request to participate and this involvement would require another supply of missing information, the contracting authority shall not request that other supply of missing information, on condition that it specified in the notice launching the procedure that, in such cases, it would not prescribe another supply of missing information or would only prescribe another supply of missing information with the restrictions set by itself. The missing information indicated earlier may not be supplied in the course of a subsequent supply of missing information.

7. The request for the provision of information shall be in compliance with the provisions set out in paragraph 1 and 2, furthermore, the scope of the information requested shall be restricted to the information necessary for the evaluation of tenders or requests to participate.

8. The supply of missing information or the provision of information:

  1. may not prejudice the principles set out in Article 2(1)-(3) and (5), furthermore,
  2. in the course of the supply of missing information or the provision of information, in the tender, as regards any document concerning the characteristics of the subject-matter of the procurement, the way of fulfilling the contractual obligations by the tenderer or any other contractual term, only those errors may be corrected, those pieces of missing information may be supplemented, furthermore, in the case of flat rate agreements, only those items and unit prices of the priced budget (detailed bid) may be supplemented, modified, complemented or deleted, which are not significant and concern specific details and whose modification does not affect the total price or a partial amount thereof to be evaluated and the ranking of tenderers to be formed during the evaluation. (This amendment entered into force on 1 January 2017.)

9.

For the purposes of the evaluation under 76(3)(b), in the framework of the supply of missing information, the professionals to be presented at the request of the contracting authority shall only be replaced in the case set out in paragraph 4 and in a way that allows the presentation of a professional who is at least equivalent to the previous one as regards all the relevant circumstances to be taken into account in the course of the evaluation. Even if the person presented in the framework of the supply of missing information is more experienced and more highly qualified than the previous one, the contracting authority shall only take account of the information related to the substituted professional, the supply of missing information is limited to the establishment of validity and shall not result in any change in the factors to be taken into account in the course of the evaluation. In the event of any discrepancy between the data indicated in the reading sheet and those indicated in the document attached to the tender relating to the professional, concerning the data on the professionals to be presented for the evaluation according to Article 76(3)(b),  and if the data indicated in the reading sheet is not confirmed in the course of the provision of information or the supply of the missing document concerning the professional, the information confirmed by the document attached to the tender concerning the professional shall be taken into account by the contracting authority in the evaluation, provided that such information is considered less favourable in the evaluation than the data indicated in the reading sheet. All tenderers participating in the procedure shall be notified of such evaluation of the data concerned simultaneously, without delay. If the data indicated in the reading sheet is considered less favourable in the evaluation than those indicated in the document attached to the tender concerning the professional, the data indicated in the reading sheet shall be taken into account by the contracting authority in the evaluation. (This amendment entered into force on 1 January 2017.)

10. The contracting authority shall be obliged to ascertain that the supply of missing information or the request for the provision of information complies with the provisions set out in this paragraph. In the case of non-observance of the provisions of paragraph 3, 8 or 9 or, if the supply of missing information, provision of information was not fulfilled or was fulfilled beyond the time limit set, only the original copy (copies) of the tender or request to participate may be taken into consideration in the course of the evaluation.

11. If the contracting authority perceives in the tender a calculation error affecting the result of the evaluation, this error shall be corrected by the contracting authority by calculating the aggregate price based on the itemised value (core data) of the elements of the subject-matter of the contract, or by calculating another data based on a calculation included in the tender. All tenderers shall be advised forthwith in writing of the correction of the calculation error simultaneously, directly and without delay.