Közbeszerzési Hatóság

124. §

Suitability criteria and grounds for exclusion

124. §

1. In the notice launching the procedure, the contracting authority shall establish suitability criteria concerning the technical-professional ability as well as the economic-financial standing of candidates or tenderers. The suitability criteria and the documents to be submitted for the verification of compliance therewith shall be accurately indicated in the notice launching the procedure. In doing so, the contracting authority shall specify those situations which rule out suitability of the tenderer or the candidate for the performance of the contract in case of their presence or absence or the level of their insufficiency which rules out such suitability.

2. As regards suitability criteria, Article 65(3), (6)-(8) and (11) as well as (9) shall apply in concession award procedures, taking also into account that the contracting authority may prescribe suitability criteria other than those applicable in case of public procurements according to a separate act of legislation, on condition that such criteria are based on objective requirements.

3. Where the tenderer or the candidate fulfils the suitability criteria by relying on the capacities of another entity, the entity in question shall certify by the same means as the ones prescribed for the tenderer or the candidate that it is able to fulfil the suitability criteria set. In concession award procedures, there shall be no requirement for the implementation of a specific part of the contract by the tenderer in person.

4. Articles 62-64 shall also apply in concession award procedures. The ground for exclusion, specified in Article 62(1)(i), concerning the failure to submit the certificates supporting the declaration included in the ESPD shall apply, if the contracting authority prescribes the use of the ESPD for the preliminary certification of the non-existence of the grounds for exclusion in the concession award procedure.

5. Where the subcontractor or the organization involved in the certification of suitability is subject to any ground for exclusion, Article 71(4) shall apply.