Közbeszerzési Hatóság

77. §

77. §

1. In relation to the tender elements concerning award criteria (sub-criteria) other than the award criterion or sub-criterion related to price or cost, the contracting authority may specify in the notice launching the procedure the most favourable level of the tender element in question, and he may stipulate that he will give the same score as the highest score to this most favourable level, as well as to the offers going beyond this level. The contracting authority may specify, as regards any of the criteria, a minimum level of requirement which shall be met, compared to which the given tender element cannot be less favourable.

2. Where the award criterion related to the lowest price is not the sole criterion applied by the contracting authority, the contracting authority shall evaluate, using the method determined by it, the tender elements according to the award criteria between the minimum and maximum points specified in the notice launching the procedure, then weigh the scores given to each tender element and aggregate the products of multiplication for each tender. The most favourable tender will have the highest aggregate score. Where the contract is awarded on the sole basis of the award criteria for the lowest cost, and the costs related to the public supply, public service or public works are assessed by using a life-cycle costing approach, the most favourable tender shall be selected on the basis of the method specified in Article 78.

3. After the evaluation of tenders, the contracting authority may launch an electronic auction, if it was indicated previously in the notice launching the procedure.

4. The winning tenderer shall be the one who submitted the most favourable tender according to the award criteria and whose tender shall be deemed valid.

5. The contracting authority shall have the right to establish, in the notice launching the procedure, the objective method or the additional criterion according to Article 76(6)(a)-(d), on the basis of which he selects the most favourable tender, if the total score of several tenders calculated according to paragraph 1 is identical, or the amount of the lowest price or cost, applied as the sole award criterion, is the same in several tenders. Where no such method or criterion had been specified by the contracting authority, the tender which received higher score for the award criterion (having been given a different score) with the largest weight shall be deemed the most advantageous one, while in the case of the award criterion related to the lowest price, the contracting authority shall choose from the lowest tenders on the basis of a drawing held in the presence of a notary public. Moreover, the contracting authority shall have the right to hold a drawing in the presence of a notary public, if the most advantageous tender may not be identified on the basis of the method specified in this paragraph.