Közbeszerzési Hatóság

105. §

105. §

1. On the basis of a framework agreement concluded with one tenderer, including those cases in which the procedure was aimed at the conclusion of a framework agreement with several tenderers, but finally it was concluded with the sole valid tenderer, the realisation of the given public procurement may take place as follows:    

  1. if the framework agreement sets out all terms of the contract(s) aimed at the realisation of the public procurement based on it, according to the terms set in the framework agreement, through a direct purchasing order placed by the contracting authority;
  2. if the framework agreement sets out all terms of the contract(s) aimed at the realisation of the public procurement based on it, according to point (a) through a direct purchasing order or according to point (c) through the conclusion of the contract following a written consultation, provided that the latter was prescribed by the contracting authority in the framework agreement as well as previously in the relevant procurement procedure, in the notice launching the procedure. The choice of whether specific public contracts shall be executed following the written consultation or directly according to the terms set out in the framework agreement shall be made pursuant to the objective criteria set out in the framework agreement. The framework agreement shall also specify which terms may be subject to written consultation. In the course of the written consultation, the tenderer shall submit a tender which is similar to or more favourable than the terms of the framework agreement.
  3. if the framework agreement does not set out all terms of the contract(s) aimed at the realisation of the public procurement based on it, through the conclusion of the contract following a written consultation. In the invitation for consultation, the tenderer shall be invited by the contracting authority to complement his tender submitted in the procedure aimed at the conclusion of the framework agreement; the supplements to be taken into consideration by the tenderer when drawing up his tender shall be laid down by the contracting authority in the invitation for consultation. The invitation for consultation shall specify the data related to the subject-matter and the contract terms of the given public procurement. In the course of the written consultation, the tenderer shall submit a tender similar to or more favourable than the terms of the framework agreement, the tenderer shall be bound by his tender submitted in the course of the consultation until the deadline set in the invitation for consultation. The contracting authority shall notify the tenderer of the acceptance or the rejection of his tender submitted in the course of the consultation.

2. On the basis of a framework agreement concluded with several tenderers the realisation of the given public procurement may take place as follows:

  1. if the framework agreement sets out all terms of the contract(s) aimed at the realisation of the public procurement based on it, according to the terms set in the framework agreement, through a direct purchasing order, placed by the contracting authority with the tenderer(s) selected pursuant to the objective criteria established in the framework agreement. The framework agreement shall specify the objective criteria (in particular the ranking established on the basis of the award criterion applied in the first part or any other objective criteria related to the subject-matter of the public procurement to be executed on the basis of the framework agreement) on the basis of which the contract for the execution of the given public procurement will be concluded by the contracting authority with a tenderer participating in the framework agreement.
  2. if the framework agreement sets out all terms of the contract(s) aimed at the realisation of the public procurement based on it, according to point (a) through a direct purchasing order or according to point (c) through the reopening of the competition, provided that the latter was prescribed by the contracting authority in the framework agreement as well as previously in the relevant procurement procedure, in the notice launching the procedure. The choice of whether specific public contracts shall be executed following a reopening of competition or directly on the terms set out in the framework agreement shall be made pursuant to objective criteria, which shall be set out in the framework agreement. In the framework agreement, it shall also be specified which terms may be subject to reopening of competition.
  3. if the framework agreement does not set out all terms of the contract(s) aimed at the realisation of the public procurement based on it, through the reopening of the competition pursuant to paragraph (3)-(5).

3. In application of paragraph 2(b) or (c), the contracting authority shall send an invitation to tender in writing, at the same time to all tenderers that concluded the framework agreement. No other tenderer may be involved in the procedure. The invitation to tender shall include the following elements:

  1. name and address, telephone and fax number as well as e-mail address of the contracting authority;
  2. reference to the notice announcing or launching the procedure to be conducted for the conclusion of the framework agreement and the date of its publication;
  3. reference to the concluded framework agreement;
  4. subject-matter and quantity of the specific public procurement;
  5. determination of the contract;
  6. term of the contract or time limit for performance of the contract;
  7. place of performance/delivery;
  8. conditions for settling the consideration or reference to the applicable law;
  9. time limit for submission of the tender, the address used for the submission of tenders and an indication whether the tender may also be submitted in a language other than the Hungarian;
  10. place and, if it is not made electronically, time of opening the tenders and the parties authorised to be present;
  11. an invitation addressed to the tenderers according to which they shall make a declaration concerning the non-existence of the grounds for exclusion;
  12. any other information necessary for the submission of the tender, as regards, where appropriate, the accessibility of further procurement documents;
  13. validity period of the tender;
  14. award criteria and method according to Article 76.

4. The contracting authority may apply award criteria other than those applied in the procedure conducted for the conclusion of the framework agreement, provided that he specified those criteria in the procurement documents in the course of the procedure conducted for the conclusion of the framework agreement and those criteria are included in the framework agreement as well. The award criteria and method shall be specified according to Article 76. The tenderer may only submit tenders which are similar to the contents of the framework agreement or which are more advantageous for the contracting authority compared to the contents of the framework agreement.

5. Article 68(4) shall apply to the opening of tenders, Article 69(1) and Articles 73-75 shall apply to the evaluation of tenders, Article 79 shall apply to the communication of the decisions of the contracting authority, furthermore, Article 131 shall apply to the conclusion of the contract. The amount specified in Article 73(6)(c) may also be indicated in the invitation to consultation or invitation to tender sent to the tenderers participating in the framework agreement.