Közbeszerzési Hatóság

152. §

152. §

1. An ex officio proceeding of the Public Procurement Arbitration Board may be initiated by the following entities or persons on the grounds that they have, in the performance of their duties, learned of any behaviour or default in violation of this Act:

  1. the President of the Public Procurement Council;
  2. the State Audit Office;
  3. the government body responsible for control;
  4. the body responsible for the legal supervision of local governments;
  5. the Hungarian State Treasury;
  6. the Commissioner for Fundamental Rights;
  7. the entity granting support for the public procurement, or the entity co-operating pursuant to law in the use of the support;
  8. the central purchasing body appointed by the Government;
  9. the Hungarian Competition Authority;
  10. the body auditing European Union supports;
  11. the minister competent in the supervision of the national property;
  12. the public prosecutor;
  13. the minister competent in public procurements.

2.  The ex officio proceeding of the Public Procurement Arbitration Board may be initiated by a person or entity specified in paragraph 1 within sixty days from learning of the infringement but

  1. not later than within three years after the occurrence of the infringement,
  2. in the case of procurements without the conduct of a procurement procedure, contrary to point (a), within five years from the conclusion of the contract or, if it cannot be established, from the start of performance by any of the parties or
  3. in the case of public procurements to be realised using support, contrary to points (a) and (b), within the period required to keeping documents as stipulated in the relevant separate act of legislation on granting and use of the given support, however, that period may not be shorter than five years after the occurrence of the infringement, in the case of procurements without the conduct of a procurement procedure, within five years from the conclusion of the contract or, if it cannot be established, from the start of performance by any of the parties.

3. Unless otherwise provided in paragraph 2, Article 148(8) shall apply accordingly in respect of the date of committing the infringement. Contrary to paragraph 2, in the case set out in Article 153(1)(d), the President of the Public Procurement Authority may initiate the ex officio proceeding of the Public Procurement Arbitration Board within the time limit set in Article 189(1).

4. The document initiating the ex officio proceeding of the Public Procurement Arbitration Board shall contain the data listed in Article 149(1)(a)–(d) and (g), and a proposal may be made concerning points (e) and (f). The initiating document shall be accompanied by copies of the documents available in relation to the purchase or public procurement involving an infringement. An electronic version of the submitted initiating document, which was written using IT tools and may be edited, shall be made available to the Public Procurement Arbitration Board and, if it is submitted by email, the receipt thereof shall be confirmed by the Public Procurement Arbitration Board within one business day.

5. The Public Procurement Arbitration Board shall launch the proceeding not later than on the first business day following the receipt of the initiation complying with paragraph 1.

6. If the initiation does not contain the data set out in paragraph 4, the Public Procurement Arbitration Board shall call upon the entity or person concerned to provide the missing information. Article 151(2) shall apply accordingly to the supply of missing information.

7. The Public Procurement Arbitration Board shall publish without delay the designation and subject-matter of the procedure concerned by the initiation, the indication of the names of the parties and the date of receipt of the initiation on the homepage of the Public Procurement Authority following the submission of the initiation.

8. Dismissal of the initiation without substantive examination and termination of the proceeding shall be governed by Article 151(5)-(8) as appropriate.