Közbeszerzési Hatóság

139. §

139. §

1. The party or parties entering into the contract as the winning tenderer may only be replaced in the following cases:

  1. where, on the basis of a clear contractual provision that complies with Article 141(4)(a), the succession is ensured by a project-company or a legal person which provides financing for the performance on the basis of a contractual provision aimed at guaranteeing performance or a legal person designated by the above-mentioned legal person; or
  2. where the succession of the contracting party is a result of transformation, merger or division or any other way of termination of the legal person or it is due to partial succession in the course of which the entire branch of business, operating as a single economic unit, (together with the contracts, resources and the staff related to it), in the case of business organisations the entire organisational unit responsible for the given activity, passes to the successor or the contract is transferred in the course of insolvency proceedings against the original contracting party;

on condition that the successor entering into the contract is not subject to any ground for exclusion applicable in the procurement procedure - according to the rules pertaining to tenderers pursuant to Article 138(2)-(4) -, he meets the suitability criteria applied in the procurement procedure and the succession is not aimed at circumventing the application of this Act.

2. Apart from the cases referred to in paragraph 1, the party entering into the contract as tenderer may only be replaced as a result of a new procurement procedure. Any change concerning the other elements of the legal relationship shall be subject to Article 141.

3. The succession of the party entering into the contract as contracting authority may not be aimed at circumventing the application of this Act.