Közbeszerzési Hatóság

161. §

161. §

1. The Public Procurement Arbitration Board shall settle the public procurement case without a hearing, except where it is absolutely necessary to hold a hearing, in particular, for the sake of the parties’ rights, the clarification of the facts, an informed decision-making in the course of which all the relevant circumstances are taken into account. No hearing may be held, if the review procedure is limited to the establishment whether the references presented by the economic operator in the procurement procedure are technically equivalent to the requirements specified in the notice launching the procedure.

2. The hearing shall be held by the Public Procurement Arbitration Board not later than fifteen days after the starting of the proceeding.

3. At the hearing held by the Public Procurement Arbitration Board, in addition to the parties to the proceedings, other interested persons may attend in person or through their representatives, and they may make comments, and bring forward their evidence until the hearing is closed.

4. The hearing shall be held in public. The Public Procurement Arbitration Board may, by its reasoned decree, exclude the public from the hearing or a part of thereof, if requested or ex officio, if this is necessitated in order to keep a qualified data, business secret or any other secrets defined as such in a separate act of legislation.

5. The Public Procurement Arbitration Board shall send the minutes of the hearing to the parties and any other interested entities within five days from the date of the hearing.