Közbeszerzési Hatóság

127. §

127. §

1. The contracting authority shall inform all tenderers or the candidates or, before the opening of tenders, the economic operators who expressed their interest in the procedure in writing (by fax or electronic means) of the results of the procedure, the lack of success of the procedure, the classification of a tender or request to participate as invalid, the exclusion of an economic operator as well as of the relevant reasons thereof in detail, as soon as possible after the decision to this effect, but within three business days at the latest. After completion of the evaluation of tenders, the contracting authority or contracting entity 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, the possibility of judicial remedy and the duration of the standstill period and it shall send that written summary to all tenderers at the same time, by fax or by electronic means.

2. Where the decision of the contracting authority or contracting entity was unlawful and a modification provides legal remedy thereto, it shall notify, by fax or electronic means, without delay, tenderers or candidates of that modification - which may be made as a result of the notification sent by an economic operator - of its decision specified in paragraph 1. The contracting authority or contracting entity shall have the right to take the necessary measures to restore legality of the procedure, taking into account the basic principles laid down in Article 2(1)-(3). The contracting authority or contracting entity may, if necessary, rescind the contract which was already concluded or, where the initial situation cannot be restored because the performance/delivery has already been started, terminate the contract with immediate effect.

3. According to paragraph 2, the contracting authority or contracting entity shall inform tenderers or candidates, even if only a clerical error shall be corrected, which has no impact on the legality of the procedure.

4. Upon request by a tenderer submitting an admissible tender, after sending the results of the procedure, the contracting authority or contracting entity shall provide specific information regarding the features of the winning tender and its advantages over the tender submitted by that tenderer within five business days from receiving the request, taking into consideration the winning tenderer’s interests regarding business secrecy.