Közbeszerzési Hatóság

75. §

Declaring the procurement procedure unsuccessful

75. §

1. The procedure shall be deemed unsuccessful, if

  1. no tenders or, in the case of a procedure consisting of more than one stage, no requests to participate have been submitted;
  2. only invalid tenders or requests to participate have been submitted;
  3. the validity period has expired for all submitted tenders and neither of the tenderers maintain their tender;

2. The contracting authority shall have the right to declare the procedure unsuccessful

  1. due to its becoming incapable to conclude the contract or deliver thereunder or the contract should be rescinded or terminated [Article 53(4)-(6)];
  2. where the financial cover available to the contracting authority, to be certified according to paragraph 4, is not sufficient to conclude the contract with the tenderer who submitted the most favourable tender on the basis of the award process;
  3. due to an act committed by a tenderer or candidate which is severely damaging to the fairness of the procedure or the interests of the other tenderers or candidates;
  4. where the Public Procurement Arbitration Board annuls a decision made by the contracting authority, and the contracting authority decides to conduct a new procurement procedure or to relinquish its intention to conduct such procedure, but the procedure may not be declared invalid by the contracting authority, if the lawfulness of the procedure may be restored by making a lawful decision after having the decision closing the unlawful procedure annulled.
  5. there has not been submitted at least two tenders (proposals for solution) by the expiry of the time limit for submission of tenders in a single-stage procedure – except in case of negotiated procedures without prior publication - or in the tendering (dialogue) stage of a multi-stage procedure, or there has not been submitted at least two requests to participate by the expiry of the time limit for requests to participate in the participation stage of a multi-stage procedure; (This point entered into force on 1 January 2017.)

  6. a serious infringement occured according to the entity granting subsidy for the public procurement or the entity exercising the process-integrated control of the public procurement stipulated by the law and, in accordance with the rules on procurement procedures, the lawfulness of the procedure cannot be restored by the contracting authority. (This point entered into force on 1 January 2017.)

3. Where, in the case set out in paragraph 2(a), the procedure shall be declared unsuccessful because the financial cover, which had originally been available, was fully or partly withdrawn, the contracting authority shall provide information on the amount of the financial cover that had originally been available and shall inform those concerned which organisation, when and why took the decision on the withdrawal or redistribution of that amount.

4. In the case set out in paragraph 2(b), the contracting authority can confirm the amount of the available financial cover with the data recorded in the electronic notice management system (request) at the time of the dispatch of the notice launching the procedure or with the data documented in the procurement procedure and provided to tenderers or candidates prior to the opening of final tenders at the latest, in the case of electronic auctions with the data recorded in the electronic system prior to the commencement of the auction.

5. Where the contracting authority has allowed the subdivision of the contract into lots, only the lot concerned by the reason for invalidity may be declared unsuccessful. If the contracting authority has indicated in the notice launching the procedure that the invalidity of any lot makes him lose interest in the conclusion of the contracts, and also has given an explanation for it therein, he may declare the procedure unsuccessful as regards all lots. 

6. The contracting authority shall specify in the notice launching the procurement procedure whether Article 75(2)(e) applies to the given procedure. Before the expiry of the time limit for submission of tenders or the expiry of the time limit for requests to participate, the minister responsible for public procurement has the right to require that Article 75(2)(e) be applied on a mandatory basis by the contracting authorities specified in Article 95(1) and, in case of subsidised procurements which shall be controlled pursuant to the law by the minister responsible for public procurement, by any other contracting authority in such a way as to allow the contracting authority concerned a sufficient period of time to take the necessary measures. In such cases the contracting authority shall modify the notice launching the procedure by indicating the reason for invalidity specified in Article 75(2)(e). (This paragraph entered into force on 1 January 2017.)