Közbeszerzési Hatóság

116. §

Electronic bidding

116. §

1. Public supplies may also be awarded in an electronic bidding process, at the option of the contracting authority, in accordance with the rules on open procedures at national level, with the differences laid down in this Article and in accordance with the detailed rules, which are different from those stipulated in this Act, on electronic biddings set out in a government decree. Electronic bidding means a procurement procedure in which the contracting authority conducts an electronic auction in accordance with the detailed rules laid down in Article 108 and in the relevant government decree, without requiring the submission of tenders before the auction.

2. The notice launching the procedure is not subject to Article 50(2)(n)-(p) and (r), no suitability criteria may be set by the contracting authority in the procedure and the contracting authority shall rule out the possibility of submitting variant (alternative) offers. The notice launching the procedure shall include the time limit for submission of the application for registration in the procedure. When applying accordingly the rules on open procedures, time limit for participation shall mean the time limit for submission of the application for registration in the procedure.

3. Application for registration in the procedure may be submitted, within the time limit set therefor, by economic operators who could submit a tender in an open procedure. The application for registration shall include the name, address (seat, residence) of the economic operator. The contracting authority shall send the confirmation of the acceptance or the rejection of the application for registration and the reasons therefor, not later than two business days after the submission of the application for registration, to the address given by the economic operator. It is neither possible to supply missing information nor to request the provision of information in relation to the application for registration; if an application for registration is rejected by the contracting authority, the economic operator concerned may submit a new application for registration. The rejection of the application for registration shall always be based upon objective grounds, in accordance with the principles of non-discrimination and equal opportunities, the application may be rejected in particular where the application for registration was submitted after the expiry of the time limit set therefor. Registration shall not be subject to the provision of a tender guarantee.

4. The tenderer shall have the right to modify or withdraw his tender until the closing date of the electronic bidding. The contracting authority shall be bound by the stipulations of the notice launching the procedure and the procurement documents from the date of expiry of the time limit for submission of the application for registration, while the tenderer shall be bound by his offer made in the electronic bidding from the closing date of the electronic bidding. Where the contracting authority indicated in the notice launching the procedure that tenderers would be invited to submit a professional tender following the closing date of the electronic bidding, the tenderer shall be bound by the contents of his professional tender from the time limit for the submission thereof, however, when setting the validity period, the starting date of such period shall always be based on the closing date of the electronic bidding.

5. The contracting authority, in accordance with Article 69, shall invite the tenderer or tenderers to submit the declarations specified in Article 66(4) and (6) as well as Article 67(1) and other documents, in particular the professional tender, required by an act of legislation or the notice launching the procedure, where appropriate. No reading sheet shall be submitted by the tenderers.

6. Article 68 and Article 73(1)(a) and (d) shall not apply in the procedure. The contracting authority shall declare the procedure unsuccessful, if no application for registration has been submitted.