Public Procurement Authority

1. Procurement procedures may be

a) open procedures,

b) restricted procedures,

c) innovation partnerships,

d) negotiated procedures,

e) competitive dialogues,

f) negotiated procedures without a contract notice.

2. Negotiated procedure, competitive dialogue and negotiated procedure without a contract notice may only be conducted under the conditions laid down by this Act. Innovation partnership shall aim to serve the purpose specified by this Act.[2]

3. In the course of a procurement procedure there shall be no changeover from one type of procedure to another.

The contracting authority can apply the specific procurement methods defined in Chapter XVI.

1. According to the rules on each type of procurement procedure, notices launching the procurement procedure shall be the contract notice, the invitation to participate, the invitation to tender, or the direct invitation to participate.

2. The notice launching the procurement procedure shall contain in particular:

a) name, address, telephone number and fax number, e-mail and, if any, website address of the contracting authority;

b) type of the procurement procedure, in the case of negotiated and accelerated procedures, competitive dialogues and negotiated procedures without a contract notice, the grounds for their use;

c) information as to where the procurement documents are available in the EPPS. Where, in case of certain procurement documents, direct electronic access is not available for the reasons set out in Article 41/C (1), an indication of how the procurement documents concerned can be accessed.

d) subject-matter and quantity of the public procurement;

e) description of the contract to be concluded as a result of the procurement procedure;

f) indication of the conclusion of a framework agreement, the use of dynamic purchasing system, electronic auction, where appropriate;

g) term of the contract or the time limit for performance/delivery;

h) place of performance/delivery;

i) conditions for settling the consideration or reference to the applicable legislation;

j) possibility or ruling out of variant (alternative) offers;

k) acceptance or prohibition of the division of the contract into lots. If the division of the contract into lots is accepted, an indication whether only one, several or all of the lots may be subject to tendering and whether the number of the lots which can be awarded to the same tenderer is limited. In the case of prohibition of the division of the contract into lots, the reasons therefor;

l) award criteria of the tenders. Where the selection of the most economically advantageous tender is not exclusively based on price or is solely based on the costs determined according to Article 78, the weighting (exceptionally, order of importance) of the award criteria related to the most economically advantageous tender shall also be indicated;

m) the exclusion grounds and reference to the way of evidence required;

n) the suitability criteria and reference to the way of evidence required;

o) time limit for submission of tenders or in the case of an invitation to participate the time limit for the submission of requests to participate;

p) address to which tenders or requests to participate shall be sent and the way of submission (EPPS internet address);

q) language (languages) of the contract notice or the invitation to participate, an indication whether or not the tenders or the requests to participate may be submitted in another language in addition to Hungarian;

r) time of opening tenders and, if it is not made electronically in part or in whole for a reason stipulated in Article 41/C (1), its place, as well as the parties authorised to be present at the opening of the tenders; in the case of an invitation to participate, the time of the opening of requests to participate and, if it is not made electronically in part or in whole for a reason stipulated in Article 41/C (1), its place;

s) minimum validity period of the tender, except for invitations to participate;

t) in the case of an invitation to participate the planned date of sending the invitation to tender;

u) information on the prescription of a tender guarantee, which shall also be indicated in the invitation to tender, concerning the subsequent stage of the procedure;

v) where the performance of the contract is subject to special conditions, those conditions;

w) in the case of public procurements receiving subsidies from the European Union, data concerning the relevant project (programme).

3. In addition to paragraph 2, the direct invitation to participate shall refer to the prior information notice and the date of its publication. The invitation to tender and the direct inviation to participate shall state the date of its dispatch to economic operators.

4. The notice launching the procedure as well as all the other procurement documents shall be drawn up in all cases in such a way as to grant equal opportunities to economic operators to submit an appropriate tender or request to participate.

1. Where, in the case of sub-central contracting authorities, restricted procedures or negotiated procedures are launched by the use of a prior information notice pursuant to Article 82(3) or Article 86(2), the prior information notice shall be published with the contents specified in a separate act of legislation. The prior information notice launching the procedure shall refer specifically to the subject-matter of the contract, it shall indicate whether the contract will be awarded by restricted procedure launched by a direct invitation to participate or negotiated procedure, furthermore, it shall invite economic operators to express their interest by the time limit set in the prior information notice.

2. Data concerning the subject-matter of the public procurement shall be given in the prior information notice announcing the procedure in such a way as to make it possible for economic operators to assess whether they intend to participate in the procedure.

1. The time limit for submitting tenders and requests to participate shall be established by the contracting authority in such a way as to ensure enough time for drawing up tenders or requests to participate, taking into account the degree of complexity of the contract and the minimum time limits specified herein.

1a. The time limit for the submission of tenders and of requests to participate can be set in the EPPS at a time within the period stipulated in an act of legislation.

2. Where tenders can be made only after a visit to the site or after on-the-spot inspection of certain documents, the time limit for the submission of tenders shall be longer than the minimum time limit set out in this Act and shall allow all economic operators concerned to obtain all the information needed to produce tenders.

3. The time limit for receipt may only be made longer and it shall be made in line with the provisions on the amendment of the contract notice, the invitation to tender and the invitation to participate [Article 55].

4. Contracting authorities shall extend the time limit for the receipt of tenders or requests to participate in the following cases:

a) where any additional information, although requested by the economic operator in good time in accordance with Article 56, is not supplied within the time limit set [Article 56 (2)];

b) where changes are made to the procurement documents; or

c) in the cases defined in the government decree on the detailed rules of electronic public procurement, in regard to the malfunction of the EPPS.

5. The length of the extension shall be proportionate to the importance of the additional information or change. Notwithstanding paragraph (4) b), the contracting authority shall not be obliged to extend the time limit, if the amendment of the procurement documents are insignificant and the amendment is sent not later than seven days before the expiry of the time limit for the submission of tenders or requests to participate or, if a notice shall be published concerning the amendment, such the notice is dispatched not later than ten days before the expiry of the time limit for the submission of tenders or requests to participate. The changes made to the procurement documents shall not be considered significant, if they do not affect the timely, proper preparation of requests to participate or tenders.