Közbeszerzési Hatóság

125. §

Award criteria

125. §

1. For the purposes of selecting the winning tenderer objective award criteria shall be applied. For the purposes of establishing the award criteria, Article 76(1)-(8) and (11) as well as (13) shall apply, save that the subcriteria to be evaluated in the framework of the award criteria shall only be indicated in decreasing order of importance, instead of their weighting.

2. In the notice launching the procedure, the award criteria shall only be indicated in decreasing order of importance; their weighting and the other information specified in Article 76(9) as well as the description of the method used for the evaluation shall be included in the procurement documents.

3. Where a life-cycle costing approach is used, Article 78 shall also apply.

4. If a tender submitted in the procedure offers an innovative solution which is able to deliver an outstanding functional performance and such solution could not have been foreseen by a contracting authority acting with due care, the contracting authority may exceptionally modify the weighting of the award criteria, without prejudice to the order of importance indicated in the notice launching the procedure, or the order of importance of the subcriteria given in the framework of the award criteria. In such cases the contracting authority or contracting entity shall notify all tenderers of the modification and send a new invitation to tender, taking into account the minimum time limit of twenty-two days for the submission of tenders set out in Article 123(2). The contracting authority may only make use of the option provided for in this paragraph, if the procedure consists of several stages, no tender had to be submitted in response to the notice launching the procedure and the invitation to tender was only sent at a later stage of the procedure to the candidates who had been qualified as suitable, furthermore, at the time of the publication of the notice launching the procedure the economic operators could only be aware of the award criteria and the order of importance thereof.