Közbeszerzési Hatóság

1.    The minister responsible for public procurements shall ensure coordination of the monitoring of the application of public procurement rules. In order to do so, the minister responsible for public procurements, the Public Procurement Authority, the State Audit Office, the government body responsible for control, the Hungarian Competition Authority and the body auditing European Union supports shall cooperate with each other and, when identifying a specific infringement or a systemic problem - as a result of their own initiation or following receipt of relevant information -, they notify each other thereof, besides taking other measures in the given case (including the initiation of a review procedure, the initiation of the modification of the relevant legislation).

2.    By 18 April 2017 for the first time and every three years thereafter, the minister responsible for public procurements shall forward to the Commission a monitoring report which shall cover, as appropriate, the most common reasons for misapplication of public procurement law or legal uncertainty - including the structural or systematic problems, if any, concerning the application of the rules -, the level of participation of micro, small and medium-sized enterprises in public procurement, furthermore, the prevention, investigation and proper reporting of crimes related to public procurements [in particular the crimes referred to in Article 62(1)(ab) and (ac)], serious irregularities related to conflicts of interest and other serious irregularities. Moreover, at the request of the Commission, the minister responsible for public procurements shall provide information on the practical implementation of national strategic policies on public procurement. Data which are necessary for the monitoring report and the abovementioned provision of information shall be made available in good time to the minister responsible for public procurements  by the organisations referred to in paragraph 1 and, for this purpose, the latter may establish  a committee with representatives from the organisations referred to in paragraph 1.

3.    The minister responsible for public procurements shall ensure publication of the outcome of the monitoring process. The publication may be made on an ad hoc basis or by publishing the monitoring report specified in paragraph 2. Where the outcome of the monitoring is included in the Authority’s report specified in Article 187(4), no further publication of the outcome of the monitoring is required. The minister responsible for public procurements may prepare guidelines or communications with the aim of facilitating the application of the regulations applicable to public procurements based on experiences acquired from the decisions of review procedures and the control of public contracts in practice and concerning practical information on public procurement.

4.    The minister responsible for public procurements shall ensure the designation of a contact person responsible for cooperation with the Commission in the application of public procurement rules.

5.    By 18 April 2017 for the first time and every three years thereafter, the minister responsible for public procurements shall forward to the Commission a statistical report - made available by the Public Procurement Authority - for procurements which are below the EU thresholds. The minister responsible for public procurements shall inform, as necessary, the Commission of the relevant features of the national institutional framework with respect to the implementation, monitoring of Directive 2014/24/EU of the European Parliament and of the Council and compliance therewith as well as the national initiatives for providing direction and assistance related to the implementation of the EU rules on public procurements or for responding to challenges of implementing those rules. The statistical report and provision of information referred to in this paragraph may be included in the monitoring report specified in paragraph 2.

6.    In case of public supply contracts, public service contracts and service concessions the value of which equals or exceeds EU thresholds as well as public works contracts and works concessions the value of which equals or exceeds HUF 300 million, which are carried out using resources other than national resources, the minister responsible for public procurements is tasked with monitoring procurement procedures conducted as well as authorising to modify the contracts based on those procurement procedures. Detailed rules pertaining to the monitoring and authorisation referred to in this paragraph are laid down in a separate act of legislation.

1.    The government may determine requirements in compliance with this Act, serving the formation of public procurement practice in terms of budgetary organs controlled or supervised by the government, business organisations fully owned by the state or business organisarions fully owned by such business organisation as stipulated by government decree.

2.    The minister responsible for public procurements approves the development of the framework for the training of the participants in procurement procedures, furthermore, manages, supervises and controls the public procurement education.

2a.     The minister responsible for public procurements is entitled, in view of recognizing the technical trainings held pursuant to paragraph 2 in the subject-matter of public procurement and necessary for the registration of the accredited public procurement consultants and the renewal of their registration, to manage the data concerning the identity, contact data, qualification and technical experience of the lecturers holding these trainings.

 
3.    Detailed rules pertaining to the tasks referred to in paragraphs 1-2 are laid down in an act of legislation.

4.

5. 

6.    The minister competent in public procurements shall manage and update, based on the documents sent by the training organizations, the list of participants in recognized technical trainings, which shall be necessary for the registration of the accredited public procurement consultants and the renewal of their registration, as well as the credit points collected in the course of their participation. In the scope of managing this registration, the minister competent in public procurements shall be entitled to manage the data concerning the identity and the contact data of the participants of the trainings.

7.    The minister competent in public procurements shall perform the responsibilities related to the maintenance and operation of the electronic public procurement system which is to be applied for the conduct of the uniform procurement and concession award procedures.

8.    The minister competent in public procurements shall collect statistical data about the procurement procedures, in the scope of performing the responsibilities of operating the EPPS, and shall publish them in regular intervals.

9. – 11.

12.
 

1. This Act shall enter into force on 1 November 2015, except for the provisions set out in paragraph 2 and 3.

2. 

3. Article 40 shall enter into force on 15 April 2018.

1.    The provisions set out in this Act shall be applied to public procurements, contracts concluded on the basis of procurement procedures, design contests and review procedures requested, initiated or launched ex officio in relation thereto and preliminary dispute settlements initiated after the entering into force of this Act. Articles 139, 141, 142, Article 153(1)(c) as well as Article 175 shall be applied to the possibility of amending, without the conduct of a new procurement procedure, public procurements or contracts, which were concluded on the basis of procurement procedures, started before the entry into force of this Act, as well as to the control of the amendment thereto and performance thereof, furthermore the provisions of Chapter XXI. for review procedures in relation thereof.

2.    The provisions laid down in the Act CVIII of 2011 on Public Procurement shall be applied to public procurements, contracts concluded on the basis of procurement procedures, design contests and review procedures requested, initiated or launched ex officio in relation thereto and preliminary dispute settlements started before 1 November 2015, save for the provisions referred to in the second sentence of paragraph 1.

3.    Until the entering into force of the separate act of legislation under Article 9 (1)(a) conducting the review procedure in procurement procedures governed by Governmental Decrees in compliance with Article 198 (1) 20-21 shall fall within the competence of the Public Procurement Arbitration Board. Chapter VI. of the present Act shall be applied during the review procedure, with the proviso that the appeal and the decision shall not be published on the homepage of the Public Procurement Auhtority and the Public Procurement Arbitration Board shall hold only a closed meeting.

4.    The provisions of Article 5 (3), 62 (5a) of the present Act enacted by Act LXIII of 2016 on the Modification of Act CXLIII of 2015 on Public Procurement (hereinafter referred to as Modification Act) shall be applied in public procurements, public procurement procedures, contracts concluded pursuant to procurement procedure and for review procedures in relation thereto, which started after the entering into force of the Modification Act.

5.    Articles 31(5) and 32(3) of this Act, repealed by the Act CLX of 2016 on the Amendment of the Act CXLIII of 2015 on Public Procurement and Certain Related Acts (hereinafter referred to as the ‘Amending1 Act’) shall not be applied in ongoing procurement procedures.

6.    The provisions of Article 3 points 21 and 24a, Article 4(1) and (3), Article 5(2), (3) and (5), Article 6(1)(e)-(f) and (4), Article 9(1)(g), (8)(e)-(g), Article 15(5), Article 19(4)(a), Article 20, Article 21(1), Article 25(2), Article 27(3), Article 29(4), Article 30(1) and (4), Article 31(5), Article 32(3), Article 37(3), Article 39(1), Article 40(1), Article 44(1), Article 50(2)(m) and (n), Article 55 (1) and (2), Article 61(5), Article 62(1)(h) and (p), Article 63(1)(a), Article 65(2), (5) and (9), Article 69(4), Article 70(1), Article 71(8)(b), Article 71(9), Article 75(2)(e) and (f), as well as (6), Article76(8), Article 81(6), Article 98(2a), Article 100(5), Article 102(3)(b), Article 103(4)-(6), Article 107(2), Article 111(n), Article 113(1), (2) and (5)(a) and (c), Article 114(1), (2), (4) and (14), Article 115(1), (2), (5)-(7), Article 117(9), Article 119(4), Article 123(2), Article 135(8) and (9), Article 138(1)-(2), (3) and (5), Article 141(2)(b), (3), Article 146(4), Article 177(3) and (4), Article 181(3), Article 182(1), (2) and (11), Article 184(1), Article 187(2)(ac), (n) and (u), as well as (6)-(9) and (11), Article 189(1), Article 192(7), 195(5)-(12), Article 196(2)-(3), Article 197(5)-(6), Article 198(1) points 8 and 20, as well as (2)(a) and (c) of the present Act enacted by the Amending1 Act shall be applied for procurements, public  procurement procedures, contracts concluded pursuant to public procurement procedure and for review procedures in relation thereto, which started after the entering  into  force  of  the Amending1  Act. The contracting parties may agree that they will apply Article 138(1) and (5) of this Act as amended by the Amending1 Act to their contract already concluded and, in case of public service  contracts, they will not enforce restriction on the participation of subcontractors. Such modification of the contract shall not be considered substantial according to Article 141(6) of the PPA and shall  not  entail any obligation to conduct a new public procurement procedure.

7.    Article 62(1)(q) of this Act, enacted by the Amending1 Act, shall also be applied in public procurement procedures being in progress at the time of the entry into force of the Amending1 Act, however the time limit for participation or, in case of a single-stage procedure, the time limit for the submission of tenders have not yet expired on the date of the entry into force of the Amending1 Act. If, after the entry into force of this Act, however before the entry into force of the Amending1 Act, the Public Procurement Arbitration Board or, in case of a judicial review of the decision thereof the final and binding court ruling stated that the economic operator had violated the provisions set out in this Act concerning the performance of a contract concluded as a result of a public procurement procedure or a concession award procedure, the ground for exclusion specified in Article 62(1)(q) shall apply, with the proviso that economic operators committing an infringement of law established by a final and binding decision shall be excluded from participating in the procedure as a tenderer, candidate, subcontractor or an organization participating in the certification of suitability for a period of 90 days following the entry into force of the Amending1 Act.

8.    The provisions of this Act enacted by Act CLXXXVI of 2017 on the Amendment of Acts Related to the Mitigation of Bureaucracy in Administration and the Simplification of Certain Official Procedures (hereinafter referred to as Amd2) shall apply to procurements, procurement procedures and contracts concluded on the basis of a procurement procedure commenced on and after 1 January 2018.

9.    With the exception of the provisions pursuant to paragraph 8, the provisions of this  Act  in force  prior to 1 January 2018 shall apply to the procurement procedures invited by a prior information notice pursuant to Article 51, published before 1 January 2018, and a  summary  information  pursuant to Article 113.

10.    The provisions of this Act enacted by Act LXXXIII of 2018 on the Amendment of Act CXLIII of 2015 on Public Procurements (hereinafter referred to as Amd3) shall, save for paragraph (11)-(13), apply to procurements, contracts concluded on the basis of procurement procedures, design contest procedures and preliminary dispute settlements launched after the entry into force of Amd3 and to review procedures applied for, initiated or launched ex officio after the entry into force of Amd3.

11.    The provisions in Article 5(3) of this Act enacted by Amd3 can also apply in the case of  subsidy not  yet used on the basis of the funding relationship prevailing at the time of entry into force of Amd3   and not yet settled to the party granting the subsidy, in the case of ecclesiastical legal entities, unless, in the interest of use of the subsidy, the ongoing procurement procedure is one where  the  contracting authority is no more entitled, in accordance with Article 53, to withdraw from the public procurement.

12.    Article 40(2) of this Act established by Article 11 of Amd3 shall also apply to the system usage fees paid, on the basis of the government decree on the detailed rules of electronic public procurement, for the procedures launched in the EPPS before the entry into force of Amd3.

13.    The provisions in Article 177(3) of this Act established by Amd3 shall apply to the enforcement of claims after the entry into force of Article 177(3) established by Amd3.

14.    Unless otherwise provided by this Act and an act of legislation based on the empowerment of this Act, the provisions of this Act established by the amending act or act of legislation shall, in the case of amendment of this Act and an act of legislation based on the empowerment of this Act, apply to procurements, contracts concluded on the basis of procurement procedures, design contest procedures and preliminary dispute settlements launched after the entry into force of the amending act or act of legislation, and the provisions of the amending act of legislation relevant to the procedure of review bodies shall apply to review procedures applied for, initiated or launched ex officio after the entry into force thereof.

15.    The provisions of this Act enacted by Act CXX of 2019 on the Amendment of Certain Acts Concerning Public Procurements (hereinafter referred to as Amd4) shall, with the exceptions in paragraph 16, apply to procurements, contracts concluded on the basis of procurement procedures, design contest procedures and preliminary dispute settlements launched after the entry into force of Amd4, and to review procedures applied for, initiated or launched ex officio after the entry into force of Amd4.

16.    In the case of any subsidy not yet used in the frames of the funding relationships existing, based on the provisions of this Act established by Amd4 and relevant to the repeal of its Article 5(3), at the entry into force of Amd4, the conduct of the procurement procedure shall not be subject to an obligation, unless, in the interest of use of the subsidy, the ongoing procurement procedure is one where the contracting authority is no more entitled, in accordance with Article 53, to withdraw from the public procurement.

17.    The government shall publish the text of the single decisions not yet published, on the basis of Article 5(5) of Amd4, in a summarized form in the Hungarian Official Gazette (Magyar Közlöny) until the entry into force of Amd4, in an informative notice, in a summarized form, until 31 March of the year after entry into force of Amd4.

18.    Article 4(3), Article 195(1), (4) and (5) of this Act in force until 31 December 2019 shall apply to procurements, contracts concluded on the basis of procurement procedures and design contest procedures launched until 31 December 2019.

19.    Article 4(3) of this Act, established in an act on the amendment, in the interest of harmonisation of law, of certain acts related to the entry into force of Act CVII of 2019 on Bodies with a Special Legal Status and the Legal Standing of their Employees shall apply to contracts concluded after the entry into force thereof.

20.    Article 3 28 a), Article 5 (3) and (5) of this Act, established by Act LXXXI of 2020 on the  Administrative and Economic Recovery  Aimed  Amendment  of  Certain  Acts,  furthermore  on certain asset management related provisions (hereinafter: Amd5) shall apply to procedures in progress on the day of entering into force of Amd5, furthermore, it shall also apply to existing legal relationships.

    Article 197/A

1.    Act CXCI of 2015 on the Modification of Certain Acts of Legislation related to the Reorganisation of the National Tax and Customs Administration of Hungary together with Budget Planning and Management establishing

a)    Article 25 (3) and (4), its provisons concerning the relatives living in the same household shall be applied in the procedure launched after 1 November 2015,

b)    Article 25 (4) – with the execption set out in a) –, its provisions shall be applied in the procedure launched after the entering into force of Act CXCI of 2015 on the Modification of Certain Acts of Legislation related to the Reorganisation of the National Tax and Customs Administration of Hungary together with Budget Planning and Management.

1. The Government shall be empowered to regulate in a decree

1.    the detailed rules, in procurement procedures, pertaining to the way of certification of suitability and the non-existence of the grounds for exclusion, the documents which may be requested for that purpose, the determination of the contents of suitability criteria as well as the verification of the suitability and the non-existence of the grounds for exclusion by the contracting authority, the determination and the contents of the public procurement technical specifications;

2.    rules pertaining to approved tenderers, conditions for and way of certification of being included in the list of approved tenderers, rules of the keeping of the lists of approved tenderers, requirements for the non-existence of grounds for exclusions and suitability proved by the certificate based on the list, as well as the requirements proved by such a certificate issued by the organisation of another Member State of the European Union;

3.    the rules pertaining to design contests;
 
4.    specific public procurement rules pertaining to the procedures aimed at the conclusion of contracts of contracting entities, as well as rules pertaining to the procedure according to Article 13;

5.    detailed rules pertaining to the centralised public procurements in relation to budgetary authorities controlled or supervised by it, to public foundations founded by it and the business organisations owned by the state, the amount of the fee covering the costs that shall be incurred only in connection with the execution, to be paid to the entity authorised to publish tenders in the framework of centralised public procurement;

6.    in the case of organisations funded from the Health Insurance Fund, the detailed rules of centralised procedures related to health care services and the amount of fee payable to the organisation authorised to invite tenders in a centralised procedure whose sole purpose is to cover the expenses incurred in the course of the implementation;

7.    detailed rules pertaining to central procedures related to government communications, organisational development and event organization tasks, the amount of fee payable to the organisation authorised to invite tenders in a centralised procedure whose sole purpose is to cover the expenses incurred in the course of the implementation, as well as the rules pertaining to public procurement of communications, organisational development and event organization services and related supply contracts ensuring government communications, organisational development and event organization tasks, different from those set out in this Act due to the very particular features of such procedures;

7a.    the detailed rules of centralised procedures, different from those in this Act due to the specificities of these procedures, in regard to the IT procurements of the government, the amount of the fee that is payable to the organization authorized to call for tenders during centralised public procurement and that shall only cover the costs incurred during implementation;

8.    the detailed rules pertaining to procedural acts which may be conducted by electronic means, electronic auctions, electronic catalogue as well as electronic procurements, different from those set out in this Act as required by the use of electronic means, the exceptions from the obligatory use of electronic means of communication, the provisions concerning the operation of the EPPS, the detailed conditions of the use thereof and the range of data, not considered personal data, to be recorded in the EPPS in regard to the specific public procurement, besides those stipulated in this Act;

9.    detailed rules, different from those set out in this Act as required by the particular features of public contracts having those subject-matters, for public works and the purchase of the related design and engineering services for the execution of public works contracts, as well as  rules,  which  are different from those set out in this Act and in the Civil Code, pertaining to the payment of the consideration set out by the contract, in case of public works contracts;

10.    detailed rules pertaining to the award criteria and method with respect to certain subject-matters of public procurement, the determination of cases where there is an obligation to integrate social, in particular employment-related and environmental, sustainability, energy efficiency considerations in the procurement procedures and the methods thereof, including the mandatory application of reserved public procurement;

11.    the specific rules pertaining to public procurement of pharmaceutical products, disinfectants and medical technology equipment, different - as required - from those set out in this Act;

12.    the conditions and the procedure concerning the initiation of the exemption of procurements under Article 9 (1) (b) by the competent committee of the National Assembly, furthermore the requirements to be imposed by the contracting authority during the realisation of such procurements;

13.    the specific public procurement rules for determining and taking into consideration of the energy and environmental impacts for the whole operational lifetime of the vehicle, entails with the operation of road vehicles, and the detailed rules for the related reporting obligation;

14.    the bodies pursuant to Article 195 (1) and upon the public procurement of such bodies, the requirements for the preparation of public procurement, the conditions of public procurement procedures or the content of public contracts;

15.    For the purposes of public supply contracts, public service contracts and service concessions the value of which equals or exceeds EU thresholds as well as public works contracts and works concessions the value of which equals or exceeds HUF 300 million, which are carried out using resources other than national resources, the detailed rules pertaining to the monitoring of procurement procedures conducted as well as the authorisation of the modification of contracts based on those procurement procedures.

16.    detailed rules pertaining to the official control to be conducted by the Public Procurement Authority for the controlof performance and modification of contracts, its obligations related to the verification of contracting authorities and economic operators in the framework of which the Public Procurement Authority is entitled to be fully apprised of all the information related to the performance, modification of the procedure and the contract and may ask contracting authorities and economic operators to supply it with all relevant information;

17.    cases where there is an obligation to reserve public contracts for sheltered places of employment, developmental employers and organisations emloying disadvantaged workers;

18.    the detailed rules pertaining to procurement within the scope of the NATO Programme for Security, and other programmes commonly financed and supported by NATO;

19.    rules pertaining to the development of the framework for the training of the participants in procurement procedures, the management, supervision and control of public procurement education;

20. 

21.    the specific rules concerning the procurement related  to the measures connected  to the crisis due  to mass migration;

22.    the rules concerning the activity of accredited public procurement consultants, the practice of public procurement as a condition of the activity of accredited public procurement consultants and the certification thereof, the registration of accredited public procurement consultants, the process of registration, the list of accredited public procurement consultants, the management of that list, the conditions of registration in the list, the professional body of accredited public procurement consultants and the liability insurance as a condition of the activity of accredited public procurement consultants;501

23.    the special rules of mass catering public procurement, necessarily different from this Act due to the specificity of such procedures.

2. The Minister competent in public procurements shall be empowered to regulate in a decree

a)    the rules of sending, dispatching and publishing notices, and the public procurement plan, the examination of notices and, with the consent of the minister responsible for tax policy, the amount of the related fees, the detailed rules on collecting, handling, registering, and refunding thereof, furthermore, the order of publication thereof in the Public Procurement Bulletin or on the homepage of the Public Procurement Authority, as well as the amount of the fee payable for monitoring the compliance, performed pursuant to Article 103 by the Public Procurement Authority with the consent of the minister responsible for tax policy, of negotiated procedures without contract notice, and the detailed rules of collecting, handling, registering and refunding of the fee;

b)    the standard forms for notices and award summaries, certain content elements of the notices, the minimal data content of the public procurement plan;

c)    the rules pertaining to the amount of the administrative service fee payable for the registration of accredited public procurement consultants and set with the consent of the minister responsible for tax policy, to the collection, handling, registration and refund of this fee, as well as the amount of the administrative service fee payable for registration in the list, the renewal of the registration and the completion of the data provided for the registration, including the handling, registration and refund thereof;

d)    the specific rules pertaining to the administrative service fee payable for the use of the EPPS and set with the consent of the minister responsible for tax policy, the measures that the operator of the system is entitled to take in case of failure to pay the fee for the use of the EPPS, as well as the maintenance and operation of the EPPS;

e)    the level and the way of payment of the administrative service fee, established with the consent of the minister responsible for tax policy, to be paid to the Public Procurement Arbitration Board and the rules pertaining to the payment and the way of incurring thereof;

This Act shall serve the purpose of compliance with

a)    Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts;

b)    Council Directive 92/13/EEC of 25 February 1992 coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors;

c)    Commission Regulation (EC) No 213/2008 of 28 November 2007 amending Regulation (EC) No 2195/2002 of the European Parliament and of the Council on the Common Procurement Vocabulary (CPV) and Directives 2004/17/EC and 2004/18/EC of the European Parliament and of the Council on public procurement procedures, as regards the revision of the CPV,

d)    Directive 2007/66/EC of the European Parliament and of the Council of 11 December 2007 amending Council Directives 89/665/EEC and 92/13/EEC with regard to improving the effectiveness of review procedures concerning the award of public contracts,

e)    Directive 2009/33/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of clean and energy-efficient road transport vehicles, together with the Gov. Decree based on the empowerment given by point 13 of Article 198(1) as well as the Act XXXIII of 2004 on passenger transport by bus,

f)    Article 7(1)(b) of Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals,

g) 

h)    Directive 2011/7/EU of the European Parliament and of the Council of 16 February 2011 on combating late payment in commercial transactions,

i)    Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts,

j)    Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC,

k)    Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors

and repealing Directive 2004/17/EC.