Közbeszerzési Hatóság

189. §

189. §

1. Where the President of the Authority finds upon the examination of the documents sent to the Authority in relation to the launch of a negotiated procedure without a notice that there is a well-founded supposition of a breach of the rules and fundamental principles set out for public procurement and for procurement procedures, he shall initiate the ex officio procedure of the Public Procurement Arbitration Board, not later than ten business days counted from the receipt of such documents. When lodging the initiation, the President of the Authority shall notify the contracting authority thereof, by indicating the alleged infringement. (This amendment entered into force on 1 january 2017.)

2. Where compliance with the requirements concerning the applicability of the negotiated procedure without prior publication of a contract notice or the lawfulness of the invitation to tender may not be clearly established on the basis of the documents supplied by the contracting authority, the President of the Authority shall call upon the contracting authority to supply the necessary information within three days by fax or by electronic means.

3. Should the contracting authority fail to produce the missing information, the President of the Authority shall decide about the initiation of the proceeding on the basis of the information already available.