Közbeszerzési Hatóság

131. §

Conclusion of the contract

131. §

1. On the basis of successful procurement procedures, contracts shall be concluded in writing, with the tenderer winning the procedure – in the case of joint submission of the tender, the tenderers winning the procedure - in accordance with the final terms communicated in the procurement procedure, the content of the draft contract and the tender.

2. The contract shall contain the assessed elements of the successful tender, in compliance with the award criteria applied in the procedure.

3. If the contracting authority allowed division into lots, each contract concerning each lot shall be concluded with the winners of the different lots.

4. The contracting authority may only conclude the contract with the successful tenderer, or upon the withdrawal of the successful tenderer, with the tenderer considered as offering the second most favourable tender in the course of assessing the tenders, if he was named in the written summary on the evaluation of tenders.

5. The validity period of the tender shall be extended by thirty days, in case of public works contracts by sixty days for the successful tenderer and in the case specified in paragraph 4 for the tenderer submitting the second most favourable tender from the date of sending of the written summary concerning the evaluation of tenders to the tenderers.

6. The contract shall be concluded by the contracting authority within the validity period pursuant to paragraph 5. Unless otherwise provided by this Act, the contract may not be concluded in any case before the end of a period of ten days or, in the case of the procedure laid down in Article 115 a period of five days, following the date of dispatch of the written summary or, where correction shall be made to the summary, and any data concerning the effectiveness of the procedure, the validity of the tender or the result of the assessment is modified, the modified summary.

7. Where an application for review procedure [Article 148(2)] is filed or a review procedure is initiated [Article 152], the contract, in the case stipulated in paragraph 3 the contract on the part of procurement affected by the review procedure, may be concluded only after the substantial decision or the decision closing the public procurement case has been taken, except in cases where the Public Procurement Arbitration Board allows the conclusion of the contract [Article 156(4)].  Where the validity period of the tender of the successful tenderer has expired, the contract may only be concluded with the successful tenderer by the contracting authority, if he makes a statement that he maintains his tender.

8. Contrary to the provisions set out in paragraph 6, the contract may be concluded before the expiry of the period of ten days or five days referred to therein

  1. if only one tender was submitted in the course of an open procedure, a concession award procedure launched by a notice and consisting of one stage or in a procedure conducted according to Article 117 and consisting of one stage;
  2. where only one tender was submitted in the course of a restricted procedure, a negotiated procedure, a competitive dialogue, a procedure for an innovation partnership, for the conclusion of a contract on the basis of a dynamic purchasing system, in a concession award procedure launched by a notice and consisting of more than one stage or in a procedure conducted according to Article 117 and consisting of more than one stage and, furthermore, there was an invalid request to participate in the procedure or there was an exclusion and the time limit for initiating a review procedure by the concerned parties against the decision thereon expired or the given decision was considered as lawful by the Public Procurement Arbitration Board;
  3. if the negotiated procedure without prior publication of a contract notice was launched on the basis of Article 98(2)(e);
  4. in the case of public procurements carried out on the basis of a framework agreement, except for the cases where the public procurement is carried out through the reopening of competition and several tenders are submitted in the course of the reopening of competition;
  5. if the negotiated procedure without prior publication of a contract notice was started on the basis of Article 98(2)(c)-(d), (3) or 4(b)-(d) and only one tenderer was invited pursuant to Article 98(5) or the concession award procedure without prior publication of a notice was started on the basis of Article 128(1)(a) and the President of the Public Procurement Authority did not launch the review procedure within the time limit set in Article 152(3);
  6. if only one tender was submitted in a procedure under Article 115.

9. The contracting authority may only be relieved of its obligation to conclude the contract with the successful tenderer and the successful tenderer may only be relieved of its obligation to contract (become free from the validity period) within the period stipulated by paragraph (5), if, due to unforeseen circumstances beyond its control, which have arisen after the sending of the written summary on the evaluation of tenders, it was incapable, respectively, to conclude or perform the contract or the contract should be rescinded or terminated due to such circumstances.