Közbeszerzési Hatóság

115. §

115. §

1. If the estimated value of public works does not reach HUF 300 million, the contracting authority may, according to his choice, conduct the procurement procedure either in accordance with the rules on open procedures or in accordance with the rules on negotiated procedures without prior publication at national level, with the differences laid down in this Article, except where the public contract is financed by European Union funds and is related to a cross-border project. The application of the procedure laid down in this Article is subject to the condition that, according to the knowledge of the the contracting authority, there is a sufficient number of suitable economic operators, as required by this Act in order to ensure fair competition. Procurements below the threshold set out in this paragraph may also be conducted in a procurement procedure launched by a notice specified in Article 112(1)(a) or a summary information or notice under the provisions set out in Article 112(1)(b). In case of application of the rules on open procedures, paragraphs 2-4 and 6-7 shall apply, while in case of application of the rules on negotiated procedures without prior publication of a contract notice paragraphs 5-7 shall apply. (This amendment entered into force on 1 January 2017.)

2. The contracting authority shall ensure genuine competition and, instead of publishing a notice launching the procedure, it shall directly send the invitation to tender at the same time, in writing to at least five economic operators. The contracting authority shall not be obliged to establish suitability criteria in the procedure. The invitation to tender shall only be sent to economic operators who are reliable professionals and able to perform the procurement. When selecting the economic operators to be invited to submit a tender, the contracting authority shall act in a non-discriminatory manner, shall comply with the principle of equal treatment and, if possible, shall enhance in particular the participation of micro, small or medium-sized enterprises. The economic operators invited to tender shall, if possible, vary in the different procedures. A period of five days shall be applied instead of the period of ten days set out in Article 80(5). Article 113 shall not apply. (This amendment entered into force on 1 January 2017.)

3. The provision on the minimum time limit for submission of tenders in open procedures, shall not apply. No notice shall be published on the modification of the time limit for submission of tenders, the amendment of the invitation to tender or the procurement documents or the revocation of the invitation to tender; prior to the expiry of the original deadline, the economic operators invited to tender shall be informed thereof at the same time, directly, in writing by the contracting authority.

4. Only the economic operators invited to tender may submit their tender in the procedure. Economic operators invited to tender may not submit joint tenders. Any economic operator invited to tender may submit a joint tender with any other economic operator not invited to tender by the contracting authority.

5. In the case of application of the rules on negotiated procedures without prior publication of a contract notice, paragraph 2 shall apply accordingly. Article 103(1)-(2), (4) and (6) shall not apply. (Thia amendment entered into force on 1 January 2017.)

6. Article 71 shall apply, except that the contracting authority shall not be obliged to request a further supply of missing information – without expressly referring to this fact in the procurement documents -, if the additional supply of missing information were necessary in relation to a document submitted in the framework of a supply of missing information or an economic operator nominated in the framework of a supply of missing information. (This paragraph entered into force on 1 January 2017.)

7. Simultaneously with launching the procedure, the contracting authority shall make publicly available on its homepage and in the Public Procurement Database the notice launching the procedure, the procurement documents and, without delay upon the opening of tenders, the name and address of the economic operators invited to tender and the minutes taken on the opening of tenders. (This paragraph entered into force on 1 January 2017.)