Közbeszerzési Hatóság

117. §

The application of independent procurement rules

117. §

1. The contracting authority may develop independent procedural rules not subjected to the provisions set out by Part Two of this Act.

2. The type of procedure chosen by the contracting authority may not be changed by him in the course of the procurement procedure. If the contracting authority develops independently the rules concerning the procedure to be conducted in the course of the procurement procedure, those rules shall be included in the notice launching the procedure. The notice launching the procedure shall ensure in all cases that, on the basis of it, the economic operators are able to submit appropriate tenders or requests to participate with equal opportunities.

3. The notice launching the procedure shall state all the information necessary for appropriate tendering (request to participate) by the economic operators, in particular the most important elements of the contract to be awarded (the subject-matter of the procurement, the quantity, the contract terms) and a short description of the way of awarding (award criteria and method), the time limit for submission of tenders (time limit to participate) and the information concerning the way of contacting the contracting authority. The contracting authority shall be bound to arrange for the opening of the tenders at the time and place indicated in the notice launching the procedure. The invitation shall be published by the contracting authority in a notice drawn up pursuant to the standard form specified in a separate act of legislation.

4. In the notice launching the procedure the contracting authority shall be entitled to prescribe the application of one or more ground for exclusion set out in Articles 62-63, however, grounds for exclusion other than those set out by this Act may not be prescribed. The contracting authority shall be bound to provide for the application of the grounds for exclusion specified in Article 62(1)(g)-(k) and (m). As regards suitability, the contracting authority may provide for other objective suitability criteria and way of certification than the certification of suitability criteria set out in the separate act of legislation, but the provisions set out in Article 65(3) shall be applied in such cases as well.

5. For the purposes of establishing the procedural rules according to paragraph 1, the contracting authority shall be bound to ensure the public nature of procedures to the appropriate degree, in compliance with this Act.

6. The contracting authority shall ensure the right to participate for all the economic operators established in the European Union, mutual recognition of diplomas, certificates and other evidence of formal qualifications, as well as provision of information on the time limits suitable for the submission of tenders (requests to participate), development of the regulations providing preliminary information on the applicable procedural rules and respect of the principle of non-discrimination and equal treatment when the decision closing the procedure is taken.

7. The subject-matter of the contract shall be described by the contracting authority in a non-discriminatory way. The technical specifications may not be set by the contracting authority in such a way as to exclude certain economic operators or goods from the procedure or to result in their inappropriate, discriminatory or preferential treatment. If the precise and intelligible description of the subject-matter of the public procurement justifies reference to a specific make or source, or type, or a particular process, activity, person, patent or trade mark, the specification shall state that this was justified only by the need to specify the subject-matter precisely, and such a reference shall be accompanied by the word “or equivalent”.

8. The contracting authority shall inform in writing tenderers, candidates and - before the opening of tenders - the economic operators who have expressed their interest in the procedure about all the decisions and information affecting the results of the procedure and the detailed justification thereof as soon as possible but not later than three business days after the decision. After completion of the evaluation of tenders, the contracting authority shall be bound to draw up a written summary which provides information on the evaluation of tenders and the reasons for the selection of the winning tender and to send that written summary to all tenderers at the same time, by fax or by electronic means.

9. For the purposes of establishing the individual procedural rules pursuant to paragraph 2, the contracting authority shall be bound to provide for the grounds for invalidity specified in Article 73(1) and shall be entitled to provide for the grounds for invalidity specified in Article 72(2) and (3), with the proviso that the ground for invalidity specified in Article 73(1)(c) shall only apply in case of the prescription of the ground for exclusion specified therein and Article 73(1)(d) shall only apply in case of the prescription of suitability criteria. Article 73(4) and (6) shall apply accordingly. The provisions set out in Article 75(6) shall apply. (This amendment entered into force on 1 January 2017.)

10. In the course of the procedure the provisions set out in Articles 44 and 45 shall be applied accordingly.