Közbeszerzési Hatóság

79. §

Communication of the contracting authority‘s decisions

79. §

1. The contracting authority shall inform the tenderer or the candidate in writing of the results of the procedure or the participation stage, the lack of success of the procedure, the classification of their tender or request to participate as invalid, the exclusion of an economic operator as well as of the relevant reasons thereof in detail, as soon as possible after the decision to this effect, but within three business days at the latest.

2. Upon completing the evaluation of the tenders and requests to participate, the contracting authority shall prepare a written summary of the tenders and requests to participate according to the standard forms specified in a separate act of legislation. Upon completing the evaluation of the tenders and requests to participate, the contracting authority shall provide the information pursuant to paragraph 1 by sending the written summary by fax or electronic means to all tenderers, in the case of the end of the participation stage to all candidates, at the same time.

3. The summary shall be sent, upon request, to the European Commission, the Public Procurement Authority, any other organization authorized to control the procurement procedure or the Hungarian Competition Authority. The summary shall be sent to the European Commission via the Minister responsible for public procurements.

4. If the contracting authority observes after the sending of the results that the result (or lack of success) was unlawful and the modification provides legal remedy thereto, the contracting authority may modify on one occasion the written summary, where necessary, retract the communication on invalidity, furthermore, rescind the contract already concluded within twenty days from the dispatch of the written summary to the tenderers, in the case of a written summary concerning the participation stage until the expiry of the time limit to submit tenders or, where the initial situation may not be restored anymore, terminate the contract immediately. If the communication on the invalidity of a request to participate is retracted by the contracting authority in the context of the modification, he can send an invitation to tender to the candidate concerned by setting a new time limit for the submission of tenders. The contracting authority shall dispatch the modified written summary by fax or electronic means to all tenderers at the same time, without delay.

5. Any clerical error (change of names, misspelled names, numeric errors, miscount or any other similar error) detected in the written summary concerning the tenders or the requests to participate may be corrected by the contracting authority at or without request. The contracting authority shall send the corrected written summary to all tenderers or candidates at the same time, not later than ten days after sending the results of the procedure or the participation stage.