Közbeszerzési Hatóság

195. §

Other tasks of the Minister competent in Public Procurements

195. §

1. The Minister competent in Public Procurement has the competence to authorize the launching and central monitoring of the conduct of procurement procedures of the budgetary organs controlled or supervised by the government, the institutions thereof, the public foundations of the government, and the economic organisations in which the state has a majority ownership and, on behalf of the state, the ownership (shareholder, membership) rights are exercised by a central budgetary organ or an institution thereof on the basis of a ministerial decree or an agency contract concluded with the Hungarian National Asset Management Inc.; furthermore, to authorize any amendment to the public contracts, works or service concessions of such organisations as well as to authorize conclusion of, and amendment to the contracts of such organisations and the foundations founded or managed by them, which concern a purchase but were not concluded through a procurement procedure;

2. The minister competent in 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;

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

4. In relation to the central monitoring specified in (1) the minister responsible for public procurement may impose a procedural fine on the organ affected by the monitoring which fails to fulfil its oblligations or which fails to meet the deadlines set out by the separate act of legislation. (This amendment entered into force on 24 December 2015.)

5. At the request of the minister competent in public procurements, contracting authorities specified in paragraph 1 shall send any data concerning their public procurements to the minister, within five business days. Contracting authorities specified in paragraph 1 shall send the data concerning their procurements below public procurement threshold to the minister competent in public procurements, in accordance with the provisions set out in the relevant Gov. Decree. The minister competent in public procurements shall have the right to control, in accordance with the provisions set out in the relevant Gov. Decree, the procurements below public procurement threshold of contracting authorities specified in paragraph 1. (This paragraph entered into force on 1 January 2017.)

6. The minister competent in public procurements shall manage and update the list of accredited public procurement consultants. (This paragraph entered into force on 1 January 2017.)

7. For the purposes of the list of accredited public procurement consultants, the minister competent in public procurements shall be entitled to keep record of data concerning the identity, the contact address, qualifications, ability to act, clean criminal record of the accredited public procurement consultant, as well as data concerning the employer and the professional experience in public procurement of the accredited public procurement consultant, furthermore, to keep record of the eligibility of the accredited public procurement consultant to pursue an activity according to Article 5(1) of the Act XI of 1998 on Attorneys at Law. (This paragraph entered into force on 1 January 2017.)

8. The minister competent in public procurements shall be entitled to manage data pursuant to paragraph 7 for one year after the deletion of the accredited public procurement consultant from the list. The accredited public procurement consultant shall be deleted from the list if he does not fulfil the requirements for registration laid down by a separate act of legislation; any of the grounds for exclusion pursuant to paragraph 9 occurs; a final and binding decision established that the accredited public procurement consultant, in his capacity as an accredited public procurement consultant, wilfully infringed the law; the effect of the registration has expired and no request for renewal was submitted; or such request was submitted but rejected; the accredited public procurement consultant asks for the deletion; in case of death of the person included in the list. (This paragraph entered into force on 1 January 2017.)

9. The following shall preclude eligibility for the post of accredited public procurement consultant

  1. incompetency or partially limited capacity;
  2. not relieved from the detrimental consequences of prior convictions;
  3. post of public procurement commissioner;
  4. presidency or vice-presidency of the Public Procurement Authority. (This paragraph entered into force on 1 January 2017.)

10. The documents or the certified copy thereof proving the non-existence of the grounds for exclusion pursuant to paragraph 9 shall be attached to the application for registration. For the registration, the renewal of the registration and the supplementation of the submitted data, an administrative service fee shall be paid, the amount of which is set in a separate act of legislation. (This paragraph entered into force on 1 January 2017.)

11. Any person having personal or financial interest in any of the entities concerned by the procedure shall not participate in the implementation or preparation of the procedure of the minister competent in public procurements under paragraph (7). The person concerned by such conflict of interest shall notify the the minister competent in public procurements without delay thereof and immediately cease participation in the ongoing procedure or in the preparation of the procedure. There shall be no appeal against the decision and decree of the minister competent in public procurements delivered within its scope of duties, unless otherwise provided by this Act. The judicial review of the decision may be requested from the court by the applicant, respectively the accredited public procurement consultant concerned not later than fifteen days after the receipt of the decision. The administrative and labour court shall take its decision in a non-litigious procedure, no later than sixty days after the submission of the request, it may reverse the decision of the minister competent in public procurements. There shall be no appeal and review against the court’s decree. Chapter XX of the CP shall apply accordingly to the proceedings of the court, unless the provisions of this Act specify otherwise or the nature of the non-litigious procedure clearly indicates otherwise. (This paragraph entered into force on 1 January 2017.)

12. The minister competent in public procurements shall be responsible for the tasks related to the operation and maintenance of the the eProcurement Applications to be used for conductingprocurement procedures and concession award procedures. (This paragraph is to enter into force on 31 December 2017.)