Közbeszerzési Hatóság

78. §

78. §

1.    Where contracting authorities assess the costs - taken into account in the course of the evaluation - of the supply, service or works using a life-cycle costing approach, they shall refer to it in the notice launching the procedure and shall indicate in the procurement documents the data to be provided by the tenderers and the method which the contracting authority will use to determine the life-cycle costs on the basis of those data.

2.    Life-cycle costing shall, to the extent relevant, cover parts or all of the following costs over the life cycle of a product, service or works:

a)    costs, borne by the contracting authority or other users, such as: (aa) costs relating to acquisition,

(ab)     costs of use, such as consumption of energy and other resources,

(ac)     maintenance costs,

(ad)     end of life costs (in particular collection and recycling costs),

b)    costs imputed to environmental externalities linked to the product, service or works during its life cycle, provided their monetary value can be determined and verified; such costs may include the cost of emissions of greenhouse gases and of other pollutant emissions and other climate change mitigation costs.

3.    The method used for the assessment of costs imputed to environmental externalities shall fulfil all of the following conditions:

a)    it is based on objectively verifiable criteria which ensure compliance with the principles set out in Article 2(1)-(3) and (5), furthermore, which shall not unduly favour or disadvantage certain economic operators;

b)    the method is predetermined, is accessible to all interested parties and is not tailored to one specific procedure, can be used in other procedures as well;

c)    the data required can be provided with reasonable effort by normally diligent economic operators.

4.    The Public Procurement Authority shall publish guidelines on the methods for the calculation of life- cycle costs and, where appropriate, it shall indicate that a common method for the calculation of life-cycle costs has been made mandatory by a legislative act of the European Union. In the case of certain subject- matters of procurement, mandatory methods for the calculation of life-cycle costs may be prescribed by a legislative act drawn up on the basis of the empowerment of this Act.