Közbeszerzési Hatóság

197. §

Transitional provisions

197. §
  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[1].
  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the present Act shall be applied during the review procedure, with the proviso that the appeal and the decision shall not be published on the homepage of the Public Procurement Auhtority and the Public Procurement Arbitration Board shall hold only a closed meeting.[2]
  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.[3]

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[4].

[1] This amendment entered into force on 24 December 2015.

[2] This amendment entered into force on 24 December 2015.

[3] This amendment entered into force on 15 June 2016.

[4] This amendmend entered into force on 12 December 2015.

  1. 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. (This paragraph entered into force on 1 January 2017.)
  2. 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. (This paragraph entered into force on 1 January 2017.)

  3. 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. Upon applying Article 62(1)(q) of this Act, enacted by the Amending1 Act, the decisions becoming final and binding after the entering into force of this Act shall be considered, even if such decision establishes the infringement of the provisions stipulated in the Act CVIII of 2011 on Public Procurement, concerning the fulfillment of the contract concluded as a result of a public procurement procedure. 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. (This paragraph entered into force on 1 January 2017.)

Article 197/A

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 (This amendmend entered into force on 12 December 2015.)