Közbeszerzési Hatóság

73. §

Invalidity of the tender and the request to participate

73. §

1. The tender or the request to participate shall be deemed invalid, if

  1. it is submitted after the expiry of the time-limit to submit tenders or to submit requests to participate;
  2. the tenderer, candidate has been excluded from the procedure;
  3. a subcontractor of the tenderer or candidate or an organization participating in the certification of suitability is excluded from participating in the procedure due to a ground for exclusion specified in Article 62(1)(i) or, as a result of its conduct in the given procedure, point (j).
  4. the tenderer or candidate does not comply with the suitability criteria required for the performance of the contract or has not properly certified compliance with those conditions;
  5. it does not comply in any other way with the conditions stipulated in the contract notice, the invitation to tender or the invitation to participate and the procurement documents and by law, with the exception of formal requirements for tenders and requests to participate set out by the contracting authority;
  6. furthermore,

(fa) an information is classified as a business secret by the tenderer or the candidate in contravention of Article 44(2)-(3) and this situation is not remedied, even after the contracting authority’s request for supply of missing information; or

(fb) the justification pursuant to Article 44(1) is not sufficient, even after the supply of missing information.

2. In addition to the cases set out in paragraph 1, the tender shall be deemed invalid, if the consideration offered is abnormally low or it contains any other unfeasible undertaking [Article 72].

3. In addition to the cases set out in paragraph 1, the request to participate shall be deemed invalid, if the candidate submits a tender.

4. According to paragraph 1(e), the tender shall be deemed invalid, in particular, if it does not comply with the environmental, social and labour requirements laid down by legislation or mandatory collective agreement or the provisions on environmental, social and labour requirements listed in Annex 4. On the basis of the data made available each year by the minister responsible for employment policy, the Public Procurement Authority shall publish on its website information relating to the lowest wages applicable in each sector in Hungary.

5. In the procurement documents, the contracting authority indicates, for information purposes, the name of the organisations from which the tenderer can obtain information on the requirements specified in paragraph 4, which shall be met in the course of the performance. The contracting authority is not obliged to stipulate that special information shall be included in the tender as regards the provision set out in paragraph 4, it shall only verify that the information included in the tender do not run counter to the requirements laid down in paragraph 4.

6. In particular, the tender shall be deemed invalid according to paragraph 1(e), if

  1. it was withdrawn by the tenderer, although the validity period has not yet expired;
  2. the tenderer failed to provide the tender guarantee within the time-limit set by the contracting authority or provided the tender guarantee in a smaller amount than it was prescribed;
  3. in the notice launching the procedure, the contracting authority determined in advance an amount, above which all tenders would be declared invalid in the course of the evaluation, and the price or cost included in the given tender exceeds that amount.