Közbeszerzési Hatóság

53. §

Withdrawal from the public procurement

53. §

1. The contracting authority shall have the right to revoke the notice launching the procedure, until the expiry of the time limit for the submission of tenders in case of open procedures or the time limit for requests to participate in case of procedures consisting of more than one stage.

2. If the notice launching the procedure was published, a notice shall be published concerning the revocation before the expiry of the time limit set out in paragraph 1, and at the same time those economic operators who expressed their interest to the contracting authority shall be informed. In procedures without prior publication of a notice, economic operators invited to submit a tender or to participate shall be informed simultaneously and directly, before the expiry of the original time limit.

3. The publication of the prior information notice shall not constitute an obligation to conduct a procurement procedure, even if the notice was aimed at publishing the procurement procedure. In the latter case, the contracting authority shall publish a notice stating that the procedure will not be launched and shall notify economic operators who submitted their declaration of interest.

4. After the expiry of the period prescribed in paragraph 1, the contracting authority is not obliged to assess tenders or requests to participate, to conclude the negotiation or the competitive dialogue, in procedures consisting of more than one stage it has the right to withdraw the invitation to tender by the expiry of the time limit for submission of tenders, if it provides proof that he is incapable of performing the contract due to unforeseeable and unavoidable reasons, which occured after the expiry of the period prescribed in paragraph 1, beyond its control or, due to such circumstances there exists the right to withdraw from or to terminate the contract. In such cases, the contracting authority shall declare the procedure unsuccessful.

5. Contrary to the provisions set out in paragraph 4, where the contracting authority informed economic operators in the notice launching the procedure that the procedure may be declared unsuccessful in case of the occurrence of a specific, unavoidable, uncertain future event after the expiry of the period prescribed in paragraph 1, it has the right to declare the procedure unsuccessful (conditional public procurement).

6. A conditional public procurement may also be launched in the event that the contracting authority has submitted, or will submit an application for funding (tender, project proposal, amendment of a funding agreement or notification of a change), irrespective of whether or not the call for proposal of funding has already been published, and the contracting authority considers that the rejection of the application or the award of a lower funding is capable of constituting a circumstance such as to justify declaring the procedure unsuccessful.

7. Article 75 shall apply where the procedure is declared unsuccessful on any other ground and Article 131(9) shall apply to the obligation to conclude the contract after sending the results of the procedure.

8. The candidate shall have the right to withdraw his request to participate until the expiry of the time limit for participation. The tenderer shall have the right to withdraw his tender until the beginning of the validity period.

9. As regards the validity period relevant to the tenderer, the rules set out for each type of procurement procedure shall govern respectively.