Közbeszerzési Hatóság

103. §

103. §

1. On the starting date of a negotiated procedure without prior publication of a contract notice, the contracting authority shall submit to the Public Procurement Authority the invitation to tender, as well as an information note on the name and address (seat, residence) of the economic operators to be invited to tender, the estimated value of the public procurement and the circumstances which justify the use of the negotiated procedure.

2. For the purposes of Article 98(2)(e), when the contracting authority sends the invitation to tender or, where appropriate, the invitation to negotiation to the economic operators, he shall be bound to inform at the same time, without delay the Public Procurement Authority according to the provisions set out in paragraph (1). Instead of the invitation to tender, the invitation to negotiate shall be sent, where appropriate.

3. On the starting date of the negotiated procedure specified in Article 98(4)(c) and (d), an information note stating the circumstances which justify the use of the negotiated procedure and, in cases according to point (d), the name and address of the organisation concerned shall be submitted by the contracting authority to the Public Procurement Authority.

4. The Public Procurement Authority shall take a substantiated decision, stating the detailed reasons, based on which it can be clearly established whether the legal basis for using a negotiated procedure is justified. The Public Procurement Authority shall publish its decision on its homepage as well. (This amendment entered into force on 1 January 2017.)

5. In case of the application of negotiated procedure without prior publication under Article 98(2)(c), the contracting authority shall publish the notice specified in Article 137(2) at least ten days before the conclusion of the contract. (This paragraph entered into force on 1 January 2017.)

6. The contracting authority shall publish on the starting date of a negotiated procedure without prior publication, both in the Public Procurement Database and on its homepage, all the documents that have been sent to the Public Procurement Authority under paragraph 1, the procurement documents and, following the opening of tenders, the minutes taken on the opening of tenders. (his paragraph entered into force on 1 January 2017.)