Közbeszerzési Hatóság

114. §

114. §

1. In the notice launching the procedure, the contracting authority shall be entitled to provide for the application of one or more of the grounds for exclusion pursuant to Articles 62-63, and shall be bound to provide for the enforcement of the grounds for exclusion pursuant to Article 62(1)(g)-(k), (m) and (q) in the procurement procedure. (This amendment entered into force on 1 January 2017.)

2. For the purposes of the self-declaration pursuant to Article 67(1), the standard form established by the European Commission shall not be used; where Part Two of this Act refers to the “European Single Procurement Document” (the “ESPD”) it shall mean the self-declaration pursuant to Article 67(1). Detailed information concerning Article 62(1)(kb) shall be given by the tenderer and the candidate in the self-declaration pursuant to Article 67(1) according to the rules set out in the separate act of legislation. Furthermore, the contracting authority shall verify the non-existence of the ground for exclusion in the available electronic registers in accordance with the relevant Gov. Decree. The self-declaration pursuant to Article 67(1) is merely a statement made by the economic operator that the suitability criteria he intends to certify are met; no detailed information shall be given concerning the fulfilment of the suitability criteria. Upon the contracting authority’s request pursuant to Article 69, the economic operator shall submit his self-declarations specified in the notice launching the procedure and containing detailed information on the fulfilment of the suitability criteria, according to the rules on the submission of certificates referred to in the notice launching the procedure, concerning the suitability criteria and, where appropriate, the objective criteria according to Article 82(5). If no suitability criterion is established by the contracting authority in the procedure, the notice specified in Article 69(4) shall not be applied. (This amendment entered into force on 1 January 2017.)

3. In the case of public works, the contracting authority shall make available the procurement documents in line with Article 57(1), except in the case of negotiated procedures without publication initiated on the grounds set out in Article 98(2)-(3); in other cases it is entitled to do so, with the proviso that in the case of public supplies and public services, in addition to the requirements listed in Article 57(1)(a)-(b), it is entitled to communicate the essential contract terms instead of providing a draft contract (hereinafter jointly referred to as the ‘draft contract’).

4. In open, restricted and negotiated procedures, the time limit for submission of tenders may not be shorter than the following time limits counted from the date of sending of the notice launching the procedure or the date of dispatch of the notice launching the procedure or the date of dispatch of the invitation to tender: (This amendment entered into force on 1 January 2017.)

  1. ten days in the case of public supplies and public services,
  2. fifteen days in the case of public works.

In the participation stage of the procedures consisting of more than one stage, the time limit to participate shall be set in such a way as to allow appropriate submission of requests to participate.

5. The negotiated procedure and the competition dialogue may be applied in all cases. Where the prior information notice related to the services listed in Annex 3 covers a period of more than twelve months, the direct invitation to participate may be sent more than twelve months after the date of publication of the prior information notice, but it shall be sent within the period covered by the prior information notice.

6. The supplementary information shall be provided by the contracting authority within a reasonable time before the expiry of the time limit for submission of tenders or the time limit to participate. Where the contracting authority considers it necessary to answer the question for the sake of proper submission of tenders or requests to participate but there is not enough time to provide the relevant answer in reasonable time and to take account of the answer, it may extend the time limit for submission of tenders and the time limit for submission of requests to participate in accordance with the methodology established in Article 52(3).

7. In the case of application of the framework agreement, the reopening of the competition may be realized in an electronic auction instead of application of Article 105(2), provided that it was prescribed by the contracting authority in the framework agreement as well as previously in the relevant procurement procedure, in the notice launching the procedure.

8. If the conclusion of the contract with the tenderer submitting the most advantageous tender on the basis of the assessment resulted in a higher contract value than the estimated value and thus the rules according to which the procedure was launched by the contracting authority would not have been applicable, had the contracting authority determined that value as the estimated value of the procedure, the contracting authority shall declare the procedure unsuccessful.

9. The contracting authority may launch a negotiated procedure without prior publication of a contract notice, if the publicised terms of the purchase, which are exceptionally favourable and open to all, persist only for a limited period of time and the amount of the consideration is substantially lower than the market prices, furthermore, the application of a procedure according to this Part would not allow the contracting authority to take advantage of those favourable terms.

10. Competition shall be ensured by the contracting authority also in the case specified in Article 9 and at least three economic operators - which, in the opinion of the contracting authority, are able to comply with the suitability criteria for the performance of the contract - shall be invited to tender.

11. The contracting authority may reserve the right to participate in a public procurement procedure for tenderers whose turnover, net of value added tax, did not reach in the previous year HUF 100 million in the case of public supply and public services or HUF 1 billion in the case of public works and who use subcontractors also complying with the condition set in this paragraph for the performance of the contract and who fulfil the defined suitability criteria with the support of the capacity of another entity also complying with the conditions set by this paragraph.

12. In the case of public works, paragraph 1 may only be applied if the value of the public procurement does not exceed HUF 500 million.

13. In the cases specified in Article 80(1)(b), preliminary dispute settlement may be initiated until the expiry of the time limit for submission of tenders or the time limit to participate, while in relation to the summary information specified in Article 113(1), until the expiry of the time limit set for the expression of interest. 

14. In case of services listed in Annex 3, the information specified in Article 76(9) may also be indicated in the procurement documents instead of the notice launching the procedure. (This paragraph entered into force on 1 January 2017.)