Közbeszerzési Hatóság

108. §

Electronic auctions

108. §

1. In electronic auctions, new prices, revised downwards, and/or new values concerning certain quantifiable elements of tenders are presented by tenderers. For this purpose, contracting authorities shall structure the electronic auction as a repetitive electronic process, which occurs after the evaluation of the tenders according to Article 76, enabling them to be ranked using automatic evaluation methods.

2.  If it was indicated in advance in the notice launching the procedure, contracting authorities may initiate an electronic auction with the aim of selecting the winning tenderer, in the following cases:

  1. in open, restricted or negotiated procedures, where the content of the procurement documents, in particular the technical specifications, can be established with precision,
  2. on the reopening of competition among the parties to a framework agreement as provided for in Article 105(2)(b) or (c),
  3. the award of contracts under the dynamic purchasing system referred to in Article 106.

3. Certain public service contracts and certain public works contracts having as their subject-matter intellectual performances, such as the design of works, shall not be the object of electronic auctions.

4. The electronic auction may take place in a number of successive phases.

5. The electronic auction shall be based on one of the following elements of the tenders:

  1. solely on prices where the contract is awarded on the basis of price only;
  2. on prices and/or on other award criteria applied in the procedure where the contract is awarded on the basis of the best price-quality ratio or to the tender with the lowest cost.

6. In the case set out in Article 5(b), an electronic auction may only be initiated in relation to criteria which can be established with sufficient precision. It is considered that the award criteria can be established with sufficient precision, if they are quantifiable and can be expressed in figures or percentages in such a way as to enable the tenders to be ranked automatically according to a predetermined formula.

7. Before proceeding with an electronic auction, contracting authorities shall evaluate tenders pursuant to Article 76, in accordance with the award criterion or criteria and with the weighting fixed for them.

8. Following the evaluation of tenders according to paragraph 7, all tenderers shall be notified by electronic means and invited simultaneously to participate in the electronic auction using, as of the specified date and time, the connections in accordance with the instructions set out in the invitation.

9. The electronic auction may not be used by the contracting authority contrary to its purpose, in particular for preventing, restricting or distorting competition, furthermore, following the conduct of the electronic auction the subject-matter of the contract concluded on the basis of the procedure may not differ from the subject-matter defined in the notice launching the procedure and the procurement documents.

10. After closing the electronic auction, the winning tenderer shall be selected on the basis of the results of the electronic auction, according to Article 76 and, where the certificates were not submitted at an earlier stage, according to Article 69(4)-(6).

11. Detailed rules pertaining to the conduct of electronic auctions are laid down in a separate act of legislation.