Közbeszerzési Hatóság

107. §

107. §

1. Admittance to the dynamic purchasing system is subject to the rules on the participation stage of the restricted procedure, while the implementation of the procurement in the dynamic purchasing system is subject to the rules on the tendering stage of the restricted procedure, with the differences stipulated in this subchapter. Article 83(3) shall not apply.

2. The notice launching or, in the case of procedures announced in a prior information notice, announcing the procedure shall indicate that a dynamic purchasing system is involved. Upon the start of the procedure, the subject-matter of the public procurement shall be specified in the procurement documents in such a way as to allow clear determination of the nature of the purchases envisaged, furthermore, the procurement documents shall include the estimated quantity of the purchases envisaged, the incidental classification of goods, works or services to be purchased and the features of each category as well as the substantial contract terms on the basis of which the economic operators are able to decide whether or not they intend to participate in the dynamic purchasing system. The procurement documents shall also specify all the necessary information concerning the dynamic purchasing system, including how the dynamic purchasing system operates, the electronic equipment used, furthermore, the technical connection arrangements and specifications. The exact technical specifications and contract terms concerning a specific public procurement to be implemented in the system shall be made available at the time of the sending of the invitation to tender. (This amendment entered into force on 1 January 2017.)

3. Contracting authorities shall by electronic means offer direct access free of charge to the procurement documents, as long as the system is valid.

4. All the candidates who meet the suitability criteria shall be admitted to the dynamic purchasing system, the number of candidates to be invited to tender may not be limited.

5. When implementing the dynamic purchasing system, the time limit for participation may not be shorter than a period of thirty days from the day of dispatch of the invitation to participate or the day of sending of the direct invitation to participate, the rules on accelerated procedures shall not apply. This time limit for participation shall govern the implementation of the system and, within its framework, the sending of the invitation to tender related to the first public procurement. No further time limits for participation may be set in relation to subsequent public procurements to be carried out in the system, requests to participate may be submitted throughout the entire duration of the system.

6.  The contracting authority shall be bound to evaluate the requests to participate within ten days from the date of receipt thereof and notify the candidates of their admittance to the dynamic purchasing system or of their rejection. In duly justified cases the time limit may be extended to fifteen business days, in particular in case of a request for supply of missing information or provision of information. When implementing the dynamic purchasing system, the evaluation period may be extended; in such cases the invitation to tender related to the first public procurement may not be sent until the evaluation of the requests to participate is completed. The summary of the evaluation of requests to participate shall only be prepared at the time of the implementation of the dynamic purchasing system. All candidates shall be notified of the extended period of the evaluation.

7. Contracting authorities shall invite all admitted economic operators to submit a tender for each specific procurement under the dynamic purchasing system. Where the dynamic purchasing system has been divided into different categories, contracting authorities shall invite all economic operators having been admitted to the category corresponding to the specific procurement concerned to submit a tender. The contracting authority may not set a time limit for submission of tenders which is shorter than ten days from the day the invitation to tender is sent. Sub-central contracting authorities may apply Article 84(6) when setting the time limit for submission of tenders.

8. As regards the given public procurement, the winning tenderer shall be the tenderer which has submitted the most favourable tender according to the evaluation criteria published in the notice launching or, in the case of procedures announced in a prior information notice, advertising the procedure in relation to the dynamic purchasing system. For the purposes of the evaluation of requests to participate and tenders Article 69 shall apply, save that the contracting authority may request at any time during the whole period of the system that the admitted economic operators submit the ESPD, consisting of an updated self-declaration, within five business days. 

9. The notice launching or, in the case of procedures announced in a prior information notice, advertising the procedure shall indicate the duration of the dynamic purchasing system. Any change to the duration shall be published in the notice specified in a separate act of legislation.

10. No charges may be billed to economic operators in relation to their participation in the dynamic purchasing system.