Közbeszerzési Hatóság

151. §

151. §

1. The review procedure shall be launched by the Public Procurement Arbitration Board, at the latest, on the business day following the day of receipt of the application pursuant to Articles 148(1)-(9), 149(1)-(2) and 150(1)-(2).

2. If the application fails to include the information as provided for in Article 149(1) or there is no supporting document to show that the fee provided for in Article 150(1) has been paid or no authorisation for the authorised representative has accompanied the application, the Public Procurement Arbitration Board shall call upon the applicant to supply the missing information or document(s) within five days and, at the same time, warns the applicant that, should he submit an incomplete application again, such application shall be dismissed by the Public Procurement Arbitration Board. No certification may be accepted in the case of the failure to meet the time limit to supply missing documents or information.

3. Where the estimated value of the public contract may not be known to the applicant on the basis of the documents of the procurement procedure concerned by the review procedure, the applicant shall refer to this circumstance in its application for review. In that case, the Public Procurement Arbitration Board, on the basis of the data available, informs the applicant, in a request for the submission of missing information, of the amount of the estimated value on which the administrative service fee is based.

4. When establishing the estimated value - in the case of the division of the contract into lots the value of the lot concerned by the remedy - the Public Procurement Arbitration Board may request that the contracting authority supply information and the contracting authority shall do so within two business day.

5. The Public Procurement Arbitration Board shall dismiss the application within five days without a substantial examination if - in addition to the cases set out in paragraph 30 of the AP - it concludes that

  1. the applicant failed to submit the requested missing information within the defined time limit or it has submitted an incomplete application again;
  2. the contracting authority has legally withdrawn its notice, invitation launching the procurement procedure or the information specified in Article 113(1).

6. The Public Procurement Arbitration Board shall dismiss the review proceeding, where the application should have been dismissed without substantial examination according to paragraph 5, but the ground for dismissing the application was learned by the Public Procurement Arbitration Board only after the proceeding had started.

7. The applicant may withdraw his application initiating the proceeding or certain elements thereof until a decision has been passed [Article 165] on the substance of the case.

8. If the Public Procurement Arbitration Board rejects the application for judicial remedy without a substantial examination or dismisses the review proceeding on the basis of a ground set out in paragraph 6, the administrative service fee shall be reimbursed to the applicant. If the application or certain elements thereof is/are withdrawn, the applicant may claim the reimbursement of the administrative service fee taking account of the elements maintained and in line with the stipulations set out in a separate act of legislation.