Közbeszerzési Hatóság

93. §

93. §

1. The dialogue between the contracting authority and one or more tenderer in the competitive dialogue aims at finding the solutions best adapted to satisfy the procurement needs of the contracting authority.

2. During the dialogue the contracting authority shall ensure equal treatment to all tenderers and, in particular, all information provided by the contracting authority shall be communicated to all tenderers.

3. During the dialogue, tenderers shall not be bound by their proposal for solution and the contracting authority shall not be bound by the conditions set by him either, however, in the procedure, neither the subject-matter of the public procurement, nor the conditions set by the procurement documents may be changed to such an extent that it would distort competition or prejudice equal opportunities of economic operators. Neither the award criteria nor the method may be modified in the course of the procedure.

4. In the case set out in Article 92(2), in the course of further dialogue conducted with the participants still being in competition, the tenderers may only propose more favourable solutions for the contracting authority than those proposed in the previous stage. Where a tenderer submits a multi-variant proposal for solution, those shall be considered as independent proposals, and the contracting authority is not bound to invite to a successive stage or stages of the dialogue any specific solution proposed by a tenderer.

5. The contracting authority shall conduct the dialogue with the tenderers one by one, and no information provided by the tenderer may be communicated to the other tenderers without his consent. The tenderer’s consent shall be requested for the intended communication of specific information.

6. Where oral negotiations take place or also take place in the course of the dialogue, the contracting authority shall draw up minutes for each negotiation, which shall be signed by all tenderers who participated in the negotiation in question not later than by the commencement of the subsequent stage of the dialogue, in the case of a single stage or the last stage not later than two days after the dialogue ended, and a copy of such minutes shall be handed over or sent to them within two business days.