Közbeszerzési Hatóság

100. §

100. §

1. In addition to the contents provided for in Article 50, the invitation to tender shall contain the following elements:

  1. the ground for adopting the negotiated procedure;
  2. the process of negotiations and the related fundamental rules prescribed by the contracting authority;
  3. the date of the first negotiation.

2. Where the contracting authority does not make available separate procurement documents in addition to the invitation, the contracting authority shall include the contract terms, the technical specifications, the unpriced budget in the case of public works, and, where appropriate, the requirements for the business organisation to be set up by the successful tenderers in the invitation for the submission of tenders.

3. In the negotiated procedure without prior publication of a contract notice according to Article 98(5), the contract shall be awarded on the sole basis of the award criteria for the best price-quality ratio.

4. The tenderer shall be bound by his tender from the date of conclusion of the negotiations. In the invitation for the submission of tenders, the contracting authority may not set a validity period exceeding thirty, in case of public works, or where the procurement procedure is conducted under a control integrated in a process stipulated by a separate act of legislation, sixty days from its commencement (the conclusion of negotiations).

5. If the contracting authority invites only one tenderer to tender in the procedure, by way of derogation from Article 69 instead of using the European Single Procurement Document, the contracting authority may require that the certificates concerning the non-existence of the grounds for exclusion and the fulfilment of the suitability criteria - if prescribed by the contracting authority - shall be submitted upon submitting the tender. Article 76(5) shall not apply if only one tenderer is invited to submit tender. (This paragraph entered into force on 1 January 2017.)