Közbeszerzési Hatóság

109. §

Electronic catalogues

109. §

1. Where the use of electronic means of communication is required by the contracting authority in accordance with Article 41(3), it may stipulate in the notice launching the procedure that tenders must be presented in the format of an electronic catalogue or tenders must be accompanied by an electronic catalogue.

2. Tenderers shall be allowed to attach other documents, completing the tender, to tenders presented in the form of an electronic catalogue.

3. Where the presentation of tenders in the form of electronic catalogues is required, contracting authorities shall:

  1. state so in the notice launching the procedure or, where a prior information notice is used as a means of calling for competition, in the direct invitation to participate;
  2. indicate in the procurement documents all the necessary information, pursuant to a separate act of legislation, concerning the format, the electronic equipment used and the technical connection arrangements and specifications for the electronic catalogue.

4. The electronic catalogue shall be produced by the tenderer for participation in a specific procurement procedure, in accordance with the format and technical specifications established by the contracting authority on the basis of paragraph 3(b) as well as the requirements for the electronic means of communication defined on the basis of a separate government decree.

5. Where a framework agreement has been concluded with more than one economic operator following the submission of tenders in the form of electronic catalogues, contracting authorities may provide that the reopening of competition for specific contracts shall take place on the basis of the updated catalogues.

6. In the case set out in paragraph 5, contracting authorities shall use one of the following methods:

  1. invite tenderers to resubmit their electronic catalogues, adapted to the requirements of the contract in question; or
  2. notify tenderers that they intend to collect the information needed to constitute tenders adapted to the requirements of the contract in question, from the electronic catalogues which have already been submitted.

7. The contracting authority shall indicate in the procurement documents for the framework agreement that he will apply the method specified in Article 6(b).

8. Where contracting authorities reopen competition for specific contracts in accordance with paragraph 6(b), they shall notify tenderers of the date and time at which they intend to collect the information needed to constitute tenders adapted to the requirements of the specific contract in question, at least five business days before the collection of information starts. The contracting authority shall give tenderers the possibility to refuse such collection of information.

9. Before awarding the contract, contracting authorities shall present the collected information to the tenderer concerned so as to give it the opportunity to contest or confirm that the tender thus constituted does not contain any material errors.

10. Contracting authorities may also require that offers be presented in the format of an electronic catalogue, when using a dynamic purchasing system.

11. Contracting authorities may also apply the method specified in paragraph 6(b) and paragraph 8 in the framework of a dynamic purchasing system, provided that the request for participation in the dynamic purchasing system is accompanied by an electronic catalogue in accordance with the technical specifications and format established by the contracting authority. That catalogue shall be completed subsequently by the candidates, when they are informed of the contracting authority’s intention to constitute tenders by means of the procedure set out in paragraph 6(b).