Közbeszerzési Hatóság

187. §

Responsibilities and competence of the Authority

187. §

1.  The Authority shall be responsible for effectively contributing to framing the public procurement policy and for forming and spreading the lawful public procurement behaviour enhancing the public and transparent spending of public funds while taking into account the public interest and the interest of contracting authorities and tenderers.

2. The Authority shall

  1. manage, update and publish on its homepage

    (aa) the list of the contracting authorities falling under the scope of the legislation,

    (ab) the official list of approved tenderers, established by the Authority,

    (ac) the No° and date of the decisions of the Arbitration Board and the judicial decisions justifying the exclusion under Article 62(1)(h), furthermore, without considering the gravity of the infringement, the No° and date of all decisions of the Arbitration Board or, in case of a review thereof, final and binding judicial decisions justifying the exclusion under Article 62(1)(q); (This amendment entered into force on 1 January 2017.)

    (ad) the list of tenderers excluded from participation in procurement procedures, which list shall include the term of such exclusion as well,

    (ae) where an economic operator has been found in breach of its contractual obligations assumed by it in the procurement procedure and this fact was established by final court ruling or admitted by the economic operator, reference to the breach of contract, its description, substantial characteristics, including, where appropriate, that the breach of contract resulted in the termination or rescission of the contract, a compensation claim or any other sanction applicable on the basis of the contract and that the wrongful conduct of the party entering into the contract as successful tenderer resulted in, partly or fully, the impossibility of the contract, noting that those data shall be made available on the homepage for a period of three years from the breach of contract,

    (af) the final decisions establishing that the economic operator subject to a ground for exclusion is reliable [Article 188(4)],

    (ag) the list of sheltered places of employment, including the products manufactured or distributed, services provided by those places of employment;

  2. keep a registry of public procurements;
  3. assess the adequacy of conditions for being included as approved tenderer in the list drawn up by the economic or professional chamber, as well as register the list;
  4. send the missing statistical data to the European Commission, at the request of the Commission, send the information specified by this Act to the European Commission;
  5. by 1 March 2017 for the first time and every three years thereafter, draw up a statistical report on public contracts below EU thresholds, in particular on the total, aggregate estimated value of such public contracts during the period concerned, and dispatch the report to the minister responsible for public procurements, within a reasonable period;
  6. make arrangements for editing the Public Procurement Bulletin, which is the Official Journal of the Public Procurement Authority (hereinafter referred to as ‘Public Procurement Bulletin‘ and for publishing and examining notices related to the contract award and design contest procedures. ensure completeness of data in the course of the control of notices and, in that context, may call upon the contracting authority to supply information. ensure publication of the information referred to in Article 113(1) on its homepage, furthermore, publication of other data and information stipulated by this Act on its homepage or in the Public Procurement Bulletin;
  7. publish on its homepage, at the time of their receipt, the data of the application initiating the procedure of the Arbitration Board and of the ex-officio initiation of the procedure, the substantial decision of the Arbitration Board and the decision closing the public procurement case, furthermore, in case of the judicial review of the decision, the decision of the court;
  8. set up and operate and publish on its homepage the public database of the decisions of review procedures, in which it ensures a free, full, electronic access for anybody to the decisions of the Arbitration Board and the court with the possibility of a keyword search;
  9. publish on its homepage the guideline or communication specified in paragraph 10, Article 183(c) and Article 194(3);
  10. monitor any amendment to the contracts concluded pursuant to procurement procedures and supervise their performance according to the AP in the framework of an official control according to the detailed rules set out in a separate act of legislation and, in particular, take the measures specified in Article 153(1)(c) and Article 175;
  11. maintain the Public Procurement Database, which is the central register of procurement procedures, promote public access to public procurement information, the spread of the use of electronic public procurement databases, furthermore the support of electronic administration and communication possibilities;  and within the framework of the aforementioned it shall ensure the possibility of an electronic publication, where the contracting authority may make available the procurement documents in a centralized manner, without any charge, in full, directly by electronic means for the tenderers, and where the tenderers may have access to procurement documents without any charge;
  12. organize conferences in order to improve the knowledge of public procurement rules;
  13. express opinions on issues of interpretation in matters of principle in cooperation with the minister responsible for public procurements - if necessary - in order to help contracting authorities in the course of the preparation and conduct of procurement procedures;
  14. in the framework of relations with the public procurement organisations of other EU Member States, provide information - concerning in particular the certificates to be used in procurement procedures, the publicly available Hungarian databases, registers -, ensure publication of the list of relevant registers in e-Certis and, in particular, fulfil the obligations pursuant to Articles 44(3), 59(6), 60(5), 61(1), 62(3), 64(1) and (8) as well as Article 69(5) of Directive 2014/24/EU, furthermore, the obligations pursuant to Articles 62(3), 81(3), 84(5) as well as Article 86(1) and (4) of Directive 2014/25/EU; (This amendment entered into force on 1 January 2017.)

  15. monitor the enforcement of the rules stipulated in this Act, and initiate with competent persons the making or amendment to legislation related to public procurement;
  16. review draft legislation and legislation concepts related to public procurement and the operation of the Council;
  17. renew permanently, maintain and publish on its homepage the wages usual or determined in the different sectors and the related common charges, on the basis of the collected data made available each year by the Minister responsible for Employment Policy;
  18. determine the approval criteria and the methods of certification in relation to the official list of approved tenderers, established by the Authority;
  19. collect statistical data on procurement procedures, enabling it to prepare price statistics which shall be published on its homepage on a regular basis;
  20. prepare the organisational and operating regulations of the Authority and other internal regulations relating to the Authority’s operations, furthermore, its draft budget and annual budget report and approve the organisational and operating regulations of the Public Procurement Arbitration Board;
  21. publish on its homepage the data - specified in the ministerial decree on the activity of accredited public procurement consultants – concerning the accredited public procurement consultants who are registered by the minister competent in public procurements; (This amendment entered into force on 1 January 2017.)

  22. perform other responsibilities designated to it by law.

3. Upon invitation by the president of the Authority or a public procurement commissioner, all entities shall be required to give information on matters related to public procurement within ten days, including trade organisations and representative organisations.

4. Each year, the Authority shall prepare a report to the Parliament on its activity, on its experience on the fairness and transparency of public procurement processes, and on the experience of review procedures. The report shall make statements regarding the tendency of the number and value of procurement procedures, and the economic situation of national tenderers, including micro, small and medium size enterprises. For information, the Authority shall send the report to the State Audit Office as well.

5. For the purposes of the official list of the approved tenderers, the Authority, the economic and professional chamber are entitled to manage data concerning identity, as well as skills, qualifications and professional experience of the persons designated by the applicant.

6. This paragraph was repealed on 1 January 2017.

7. This paragraph was repealed on 1 January 2017.

8. This paragraph was repealed on 1 January 2017.

9. This paragraph was repealed on 1 January 2017.

10. Guidelines shall be issued by the Authority - in cooperation with the minister competent in foreign policy - concerning the international agreements related to public procurements, as well as concerning countries which have an agreement on avoidance of double taxation with Hungary.

11. A person whose personal or pecuniary interest is linked to any of the entities concerned by the procedure to be carried out by the Authority according to paragraph (2)(ab) may not participate in the implementation or preparation thereof. The person concerned by that conflict of interest shall notify the President of the Authority without delay thereof and cease immediately to participate in the ongoing procedure or in the preparation of the procedure. No appeal shall lie from the decision and decree of the Authority 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, i.e. the approved tenderer concerned not later than fifteen days after receipt of the decision. The administrative and labour court shall take its decision in a non-litigious procedure, no later than sixty days after submission of the request, it may reverse the decision of the Public Procurement Authority. No appeal and review shall lie from the court’s decree. Chapter XX of the CP shall apply accordingly to the proceedings of the court, unless other provisions of this Act specify otherwise or the nature of the non-litigious procedure clearly indicates otherwise. (This amendment entered into force on 1 January 2017.)