Közbeszerzési Hatóság

113. §

113. §

1. The open, restricted or negotiated procedure shall not be launched with the publication of a notice. The contracting authority shall send a summary information concerning the procedure to be initiated to the Public Procurement Authority, at least five business days before the starting date of the procedure but within a maximum of twelve month, at the electronic location and in the manner foreseen by the Public Procurement Authority and that summary information shall be published by the Public Procurement Authority on its homepage, within one business day following the sending thereof. The name and address of those – at least three - economic operators to whom the contracting authority will send the notice launching the procedure on its own initiative shall be sent, simultaneously with the summary information, by the contracting authority to the Public Procurement Authority. The summary information shall specifically contain the name and address of the contracting authority, the contact point where interest in the procedure can be expressed, the subject-matter of the contract, the quantity of the procurement or any other information determining the scale of the performance/delivery, the duration of the contract or the time limit of performance/delivery, place of performance/delivery, the reservation under Article 114(11) as well as the invitation addressed to the economic operators to express their interest in the procedure to the contracting authority by the time limit set in the summary information, noting that the time limit may not be shorter than five business days following the sending of that summary information.Article 75(6) shall apply, with the proviso that reference to the application of Article 75(2)(e) shall be included in the summary information instead of the notice launching the procedure. The rules on further data and detailed contents of the summary information shall be laid down in a separate act of legislation.

Data concerning the subject-matter of the public procurement shall be given in the summary information in such a way as to make it possible for economic operators to assess whether they intend to express their interest to the contracting authority. The expression of interest shall be subject to Article 41, except that the economic operator shall not be required to supply statements made by electronic means with an advanced electronic signature. The contents of the summary cannot be modified following its publication. If the contracting authority does not intend to launch the procedure or to launch the procedure according to the data included in the summary information, it shall notify the Public Procurement Authority of the withdrawal of the summary information within twelve month following the sending of the summary information, at the electronic location and in the manner foreseen by the Public Procurement Authority, furthermore, it shall notify thereof in writing the economic operators who have already expressed their interest in the procedure. The Public Procurement Authority shall publish the information on such withdrawal on its homepage within one business day following the notification. (This amendment entered into force on 1 January 2017.)

2. The contracting authority shall send the notice launching the procedure to at least three economic operators – who were previously presented to the Public Procurement Authority - and additionally to all other economic operators who have expressed their interest in the procedure to the contracting authority. The notice launching the procedure shall be directly sent to the economic operators at the same time, in writing, not later than twelve months after sending the summary information. The procurement documents shall be made available by the contracting authority on the date of sending of the call for competition at the latest, in accordance with Article 57. Only those economic operators have the right to submit a tender or a request to participate in the procedure to which the contracting authority has sent the notice launching the procedure. Any economic operator who received the notice launching the procedure shall have the right to submit a joint tender or a joint request to participate with another economic operator too, even if the latter has not received the notice launching the procedure. Upon the opening of tenders or requests to participate, the contracting authority shall indicate to which economic operators he has sent the notice launching the procedure on his own initiative. (This amendment entered into force on 1 January 2017.)

3. For the purposes of application of paragraph 2, in the course of the selection of economic operators, the principle of equal treatment shall be complied with and, if possible, in particular the participation of micro, small or medium-sized enterprises shall be enhanced. For the purposes of the consideration thereof, the restrictive provision laid down in Article 3(4) of the Act XXXIV of 2004 on Small and Medium-sized Enterprises and the Support Provided to Such Enterprises shall not apply.

4. In case of application of paragraphs 1-2, instead of publishing a notice on the modification of the time limit for submission of tenders or requests to participate, on the amendment of the notice launching the procedure, the procurement documents or the revocation of the notice launching the procedure, the economic operators who received the notice launching the procedure shall be informed thereof at the same time, directly, in writing by the contracting authority, prior to the expiry of the original time limit. The contracting authority shall make the modifications of the procurement documents available directly, electronically, at the same place as the original documents. Those elements of the notice launching the procedure or the procurement documents which have already been included in the summary information specified in paragraph 1 may not be amended.

5. Paragraphs 1-4 shall not apply where

  1. the estimated value of the public works is equal to or greater than HUF 700 million (This amendment entered into force on 1 January 2017.)
  2. the estimated value of the service under Annex 3 is equal to or greater than EU threshold;
  3. the contracting authority uses a prior information notice, a periodic indicative notice or a pre-qualification notice as notice announcing the procedure (This amendment entered into force on 1 January 2017.)

6. Where paragraph 1-2 shall not be applied, the notice amending the time limit for submission of tenders or the time limit to participate, the notice launching the procedure or the procurement documents shall only be dispatched, but not published until the expiry of the original time limit for submission of tenders or time limit to participate, however, the economic operators who have expressed their interest in the procedure, in particular those who had access by electronic means to the procurement documents or asked for additional information shall be notified at the same time, directly, in writing of the contracting authority’s intention of amendment and of the dispatch of the amending notice, prior to the expiry of the original time limit for submission of tenders or time limit to participate. No measures or decisions may be taken and no documents may be submitted in the procurement procedure before the publication of the amending notice.