Közbeszerzési Hatóság

111. §

Exceptions

111. §

This Act shall not apply to the following procurements the value of which is below EU thresholds:

  1. to the procurement of textbooks, if it is carried out in accordance with the Act on the Rules for the Textbook Market of the National Public Education, in the framework of the supply of textbooks to schools and where the textbook is registered in the textbook register.
  2. to the procurement of supplies and services for the full boarding of children situated in children’s homes and apartment homes on the basis of the Act on the Protection of Children and on Guardianship Administration, for the full boarding of those who receive after-care and of persons receiving social services under Articles 59-85/A of Act III of 1993 on Social Administration and Social Benefits;
  3. to hotel and catering services under Annex 3, library management services which are covered by CPV codes 79995000-5 to 79995200-7, recreational, cultural and sporting services which are covered by CPV codes 92000000-1 to 92700000-8, as well as legal services;
  4. to any kind of service under Annex 3, provided that its estimated value is below HUF 18 million;
  5. to the procurement within the framework of international development cooperation and international humanitarian aid activity[1];
  6. to the procurement of cold foodstuffs and cooking raw materials, fresh and processed vegetables and fruits, milk and dairy products, cereals, bread products, honey, eggs, horticultural plants;
  7. in case of public services aimed at the creation of a literary (technical, scientific) work, or involving consulting or personal interpreting activity necessary for the performance of the contracting authority’s core activity;
  8. to the procurement of services of an accredited public procurement consultant;
  9. to Article 3(5)(7)(9) of the Act CXXVIII of 2011 on Disaster Management and the Amendment of Certain Related Acts, as well as, in case of an emergency or urgent situation, to public procurements carried out with the aim of preventing epidemic diseases in animals, directly preventing or avoiding damage caused by serious industrial or traffic accidents or by water, preventing adverse impacts on water quality, as well as for the purposes of protective preparedness or the subsequent reconstruction;
  10. to the procurement of goods made, services provided and works executed in the framework of obligatory employment of prisoners;
  11. to the procurement of goods made, services provided and works executed by a public employer in the framework of public employment;
  12. to the use of services related to cash management pursuant to the Act on Credit Institutions and Financial Enterprises;
  13. to the procurements of an organization providing postal services or other services than postal services provided by a postal service provider;
  14. the purchase of items within the domain of cultural goods and other rights related thereto, as well as the purchase of musical instruments, accessories of musical instruments and parts of musical instruments; (This amendment entered into force on 1 January 2017.)

  15. to the procurements financed from the allocation stipulated by Article 113 and 114(3) of the Act XXXVI of 2012 on the National Assembly;
  16. to public services which are awarded for carrying out, or directly facilitating, the scientific, awareness-raising, research or educational activities specified in the statutes of the foundation established on the basis of Article 1 of the Act XLVII of 2003 on the foundations carrying out scientific, awareness-raising, research, educational activities which assist the functioning of political parties;
  17. to the procurement carried out for a foreign representation;
  18. the procurement of architectural and engineering planning services, interior design planning services, settlement or landscape planning services related to buildings as defined in the Act on the Formation and Protection of the Built Environment – to specialised planning activities related thereto, only if the latter is procured together with architectural, interior design, settlement or landscape planning, in relation to the same planned works; (This amendment entered into force on 1 January 2017.)

  19. to services covered by CPV codes 71241000-9, 71242000-6, 71244000-0, 71246000-4, 71247000-1, provided that such service is purchased together with an architectural service specified in point (r), for the same public works;
  20. to the procurement of goods made or services provided by disadvantaged workers, in a sheltered place of employment.
  21. the procurement of soil amendments and approved pesticides covered by CPV codes from 24400000-8 to 24457000-2 and used in agricultural production, research; (This point entered into force on 1 January 2017.)

  22. the procurements to be realised using subsidies aimed at R&D and innovation, in relation to goods covered by CPV codes from 24000000-4 to 24327500-7 and from 24500000-9 to 24965000-6; (This point entered into force on 1 January 2017.) 

    x) procurements in case of which the task specified in the contract is carried out by a contracting authority under Article 5(1) or Article 7(2) or by an association of such contracting authorities based on an exclusive right exercised pursuant to law or administrative decision, in compliance with the TFEU. (This point entered into force on 1 January 2017.)


[1] This amendment entered into force on 1 January 2016.