Közbeszerzési Hatóság

123. §

Submission of tenders and requests to participate

123. §

1. As required by the organisation of the procedure, tenders or requests to participate - the latter may not include a tender and shall have the contents determined by the contracting authority - shall be submitted, according to the requirements set by the contracting authority or contracting entity, in response to the notice launching the procedure.

2. Economic operators shall, in all cases, be allowed a sufficient period of time to submit their request to participate and tender. The time limit for the submission of tenders or requests to participate to be submitted in response to the notice launching the procedure may not be shorter than thirty days following the dispatch of the notice launching the procedure. Where the procedure consists of several stages and a request to participate had to be submitted in response to the notice launching the procedure, the time limit for the submission of the first tenders at a later stage of the procedure may not be shorter than twenty-two days following the sending of the invitation to tender. If, in concession award procedures, tenders may also be submitted by electronic means, the time limit for the submission of tenders may be reduced by five days. (This amendment entered into force on 1 January 2017.)

3. As regards requests to participate, the first offer requested from tenderers and the final tender - which is evaluated before the decision closing the procedure is taken - submitted in concession award procedures, the provisions set out in Article 68 shall apply, the contracting authority shall provide for the reading sheet, having the contents as required therein, to be annexed to the request to participate or the tender.

4. The contracting authority may prescribe in the procurement documents that the following information shall be indicated in the tender or in the request to participate:

  1. those part (parts) of the concession for the performance of which the tenderer (candidate) intends to employ a subcontractor,
  2. the subcontractors intended to be employed in those parts, if they are already known at the time of the submission of the tender or the request to participate.

5. The contracting authority shall indicate in the invitation to tender or participate what is covered by the possibility of the supply of missing information.