Közbeszerzési Hatóság

81. §

Open procedures

81. §

1. The open procedure is a procurement procedure consisting of one stage whereby all interested economic operators may submit a tender.

2. The open procedure shall be launched by a contract notice.

3. For the purposes of the verification of the non-existence of the grounds for exclusion and the certification of suitability, the ESPD shall be submitted by the tenderer together with his tender.

4. In open procedures, the contracting authority may stipulate in the notice launching the procedure that the evaluation of abnormally low price or cost will be carried out following the assessment of tenders. In this case, the contracting authority assesses whether the price or cost is abnormally low and applies, where appropriate, the procedure referred to in Article 72, only as regards the tenderer who submitted the most favourable tender and, if it intends to designate the second most favourable tenderer in the summary, as regards that tenderer as well. If the tender of a tenderer is considered to be invalid due to abnormally low price or cost, he will be replaced by the second most favourable tenderer and the necessary acts of evaluation shall be carried out in accordance with this situation.

5. In open procedures, the contracting authority may stipulate in the notice launching the procedure that the evaluation of tenders will be carried out, on the basis of the self-declaration included in the European Single Procurement Document, following the assessment of tenders. In this case the evaluation will be carried out only as regards the most favourable tenderer or the most favourable tenderer and the following most favourable tenderer or tenderers. The provisions set out in Article 69 shall apply accordingly, with the proviso that it shall be ensured in this case too that, before the decision closing the procedure is taken, the validity of the tender submitted by the winning tenderer designated in the summary,and if the contracting authority intends to designate the second most favourable tenderer in the summary, the validity of his tender as well is fully evaluated by the contracting authority, also as regards the examination of certificates supporting the self-declaration of the tenderer.

6. This paragraph was repealed on 1 January 2017.

7. The time limit for submission of tenders shall be set by the contracting authority in the contract notice at not less than thirty-five days from the date of dispatch of the contract notice. Where the tenders may also be submitted electronically, the time limit for submission of tenders shall be set at not less than thirty days from the date of dispatch of the contract notice.

8. If the contracting authority has dispatched a prior information notice at least thirty-five days, but not earlier than twelve months, before the dispatch of the contract notice, and the prior information notice contained the data to be specified in the information notice according to a separate act of legislation, the time limit for submission of tenders may be shorter than the time limit laid down in paragraph 7, however, it may not be shorter than fifteen days from the date of dispatch of the contract notice.

9. Where, in compliance with Article 39(2), the contracting authority does not offer full direct access by electronic means in the case of certain procurement documents, the time limit for the submission of tenders specified in paragraphs 7 and 8 shall be extended by at least five days.

10. Exceptionally, in duly justified and urgent cases, where the time limits specified in paragraph 7 could not be met, the contracting authority shall have the right to set a shorter time limit to submit tenders than the time limit according to paragraph 7, but it may not be less than fifteen days from the date of dispatch of the contract notice (accelerated procedure). The reason for the use of the accelerated procedure shall be stated in the notice launching the procedure.

11. No negotiation may take place in open procedures. In open procedures, the contracting authority shall be bound by the stipulations of the invitation and the procurement documents, while the tenderer shall be bound by his tender from the date of expiry of the time limit for submission of tenders. In the contract notice, 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.