Közbeszerzési Hatóság

94. §

94. §

1. After the conclusion of the dialogues the contracting authority shall invite in writing, at the same time all tenderers who participated in the dialogue, or where appropriate, in the last stage of the dialogue to submit their tender.

2. Where all participants concerned have provided their consent for using their proposal for solution, wholly or partly, during the definition of the requirements for the subject-matter of the procurement and the contracting authority considers it necessary, the contracting authority may use wholly or partly one or more proposals for solution in defining the public procurement technical specifications and the contract terms, for the drawing up of the final tender. In this case new procurement documents shall be made available for the submission of the final tender.

3. Where the conditions according to paragraph 2 do not exist, tenderers shall submit their tenders by finalizing the previous proposal for solution.

4. The invitation to tender shall state the following information:

  1. deadline and the place for submission of tenders,
  2. place and time of opening the tenders,
  3. in the case specified in paragraph 2, the information concerning the accessibility of procurement documents,
  4. validity period of the tender,
  5. in the tendering stage, in compliance with the stipulations of the invitation to participate, reference to the certificates to be submitted according to Article 69 to support the declaration included in the ESPD and, if necessary, reference to the declarations and documents to be attached to the tender, which shall prove that neither the tenderer, its subcontractor nor the entity contributing to the certification of suitability is liable to the grounds for exclusion at the time of the tendering stage.

5. The tenderer shall be bound by the validity period of the tender from the date of expiry of the time limit for submission of tenders. In the invitation to tender, 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.

6. In competitive dialogues, the validity period shall be applied to the tenderer, with the proviso that the contracting authority may further clarify, where appropriate, certain non-essential contract terms with the tenderer to be indicated as the winning tenderer. These clarifications shall not distort competition or violate the principle of equal opportunities of economic operators.