Közbeszerzési Hatóság

132. §

Special conditions for the performance of the contract

132. §

1. The contracting authority may set special conditions for the performance of the contract, in particular, conditions related to social and environmental considerations as well as incentives for innovation. Reference to such contract terms shall be made in the notice launching the procedure and detailed conditions thereof may be included in the procurement documents.

2. Those special conditions shall be related to the subject-matter of the contract [Article 76(7)] and may not result in the violation of the principles laid down in Article 2(2)-(3) and (5).

3. For the purposes of the application of paragraph 1 a social criterion, in particular, shall be

  1. involvement in the fulfilment of the relevant contract of an organisation specified in Article 33 or, according to the legal provisions of another Member State of the European Union an organisation specified in Article 20 of Directive 2014/24/EU;
  2. employment of job-seekers, disabled workers, unemployed people or prisoners;
  3. employment of persons, in part-time jobs, who are recipients of any child care benefit set out in the act on family benefits during the receipt of such payments or subsequent to the ending of such payments, and employment of persons who are recipients of maternity care benefit and child care fee after the end of such payment[1];
  4. stipulation of measures for ensuring the implementation of the principle of equal treatment;
  5. in the framework of the performance of the given contract, provision of training in the skills needed for the performance for unemployed or young people participating in the performance.

[1] This amendment entered into force on 1 January 2016.