Procurement of an online company directory

Pursuant to Chapter II of Government Decree No. 321/2015 (X. 30.) (Decree), the tenderer (AT) must preliminarily verify that it complies with the suitability requirements defined by the contracting authority based on Article 65 of the Public Procurement Act (Kbt.) by submitting the European Single Procurement Document.

For the preliminary verification of the suitability requirements, the contracting authority (AK) accepts a simple declaration from the economic operator concerned, i.e., it is sufficient to fill in Part IV, section Alpha of the ESPD; AK does not require detailed information from Part IV of the form to be provided.

ATs may also fulfill the prescribed suitability requirements by relying on the capacity of any other entity or person, regardless of the legal nature of the relationship between them, pursuant to Article 65 (7) of the Kbt. In this case, this entity must be designated in the tender, and, by indicating the relevant point of the call, the suitability requirement or requirements for the verification of which the tenderer relies or also relies on the resources of this entity must be specified.

Except for the case specified in Article 65 (8) of the Kbt., a document must be attached to the tender containing a commitment made by the entity placing its capacities at disposal in a contract, preliminary contract, or other form, confirming that the resources necessary for the performance of the contract will be available during the period of performance of the contract.

Pursuant to Article 3 (3) of the Decree, if an AT intends to satisfy the prescribed suitability requirements by relying on the capacities of another entity or person, the ESPD form on behalf of the entities or persons concerned shall be submitted by the tenderer. With respect to the entities or persons making their capacities available, declarations regarding suitability criteria need only be made for those that the AT intends to utilize to certify its suitability.

Pursuant to Article 67 (3) of the Kbt., when the submission of certificates is required, this entity or person—solely with respect to the suitability requirements—must verify compliance with the given suitability criterion in the same manner as the prescribed verification methods. Article 65 (9); (11)-(12) of the Kbt. shall apply. Economic operators invited pursuant to Article 69 (4)-(6) of the Kbt. are required to certify their compliance with the suitability requirements as follows: M/1.

Pursuant to Article 21 (3) (a) of Govt. Decree No. 321/2015, more significant contracts carried out in the scope of public procurement commenced within 6 years and completed within 3 years counting backwards from the dispatch of the contract notice, also encompassing the performances defined by the Contracting Authority, must be certified pursuant to Article 22 (1) of Government Decree No. 321/2015 (X. 30.) as follows:

1. if the other contracting party is an entity under Article 5 (1) (a)–(c), as well as (e) and (f) of the Kbt., or, in the case of non-Hungarian entities, an entity qualifying as a contracting authority under Directive 2014/24/EU of the European Parliament and of the Council, by means of a certificate issued or signed by it;
2. if the other contracting party is an entity other than that under point a), by means of a certificate issued by it or by a declaration of the tenderer, candidate, or other entity participating in the certification of suitability. The certificate or declaration pursuant to Article 22 (1) (a) and (b) of Government Decree No. 321/2015 (X. 30.) shall contain at least the following information:
   • period of performance (start and completion dates),
   • name of the other contracting party,
   • subject matter of the service,
   • quantity of the service,
   • furthermore, a statement must be made as to whether the performance was carried out in accordance with the specifications and the contract. If the performance was not carried out in accordance with the contract, the reason an…