Preparation of Procurement Regulations
The Public Procurement Act and related legislation precisely define the rules for conducting each procedure. Before a procurement begins, the contracting authority must establish who is responsible for preparing and conducting the procedure and for internal oversight. It must also define the scope of responsibility of persons and organisations acting on its behalf or involved in the procedure, and set out documentation procedures for its procurement processes. All of this must comply with public procurement regulations and the guidance of the Public Procurement Authority. This may be done through a general regulation covering all of the above and applicable to all public procurement procedures, an ad hoc regulation covering all of the above but applicable only to the given public procurement procedure, or an ad hoc regulation that amends and supplements the general regulation on a case-by-case basis. Following contract conclusion, during the preparatory phase of the procedure, we review our client's internal procedural rules for public procurement procedures and, as needed or in accordance with client requirements, prepare the general and or ad hoc procurement regulations described above.
Technical Specifications
Technical specifications define all the characteristics that the services, goods, or construction works being procured must meet, so that the subject of the procurement fulfils the contracting authority's intended purpose. Accordingly, they are the most significant component of the procurement documents from the contracting authority's perspective. The preparation of technical specifications is therefore primarily the contracting authority's responsibility, however, it may be necessary to engage competent external specialists. In the case of construction projects, this is generally unavoidable - designers, often multiple ones, need to be involved at least in the preparation of plans. At the same time, numerous procurement-specific requirements must be observed regarding the content of technical specifications. During the preparation process, we provide continuous support in complying with these requirements, either directly to our client or to the specialists commissioned by them to prepare the technical specifications, thereby ensuring that the published technical specifications fully comply with legislative requirements and the contracting authority's needs.
Classification of Procurement by Value Thresholds
The procurement to be carried out can be classified according to two fundamental criteria: the subject of the procurement and its value (estimated value). Both fundamentally influence the procedural rules to be followed, the eligibility and evaluation criteria, and the deadlines. By subject, a procurement may relate to the supply of goods, the procurement of services, the procurement (execution) of construction works - which may essentially involve construction, design and build -, or mixed procurement consisting of a combination of the above. When planning, we pay particular attention to recommending the appropriate procurement procedure to our clients, taking into account the applicable value thresholds.
Eligibility and Evaluation Criteria
The Public Procurement Act and related legislation, along with the associated official legal interpretations and guidelines, contain a very detailed regulatory framework spanning several hundred pages, which must be taken into account when establishing eligibility and evaluation criteria. It would be unrealistic to expect a contracting authority without procurement expertise to compile a lawful requirement system that fully complies with this complex set of criteria while also ensuring the proper selection of tenderers. With all this in mind, we work closely with our clients to establish, with exceptional diligence and drawing on our decades of experience and up-to-date knowledge of the legislation, the eligibility criteria and evaluation methodology to be applied during the procedure.
Contract Notice and Procurement Documents
The preparatory work described above results in the contract notice or participation notice (depending on the procedure type) made available to tenderers. These generally include the following: the contract notice, procurement documentation (guide for tenderers), document templates, technical specifications and plans, an unpriced bill of quantities, and the draft contract.
Supplementary Information
Following the launch of the public procurement procedure, tenderers must be given the opportunity to submit questions regarding the contracting authority's requirements and the content of the notice and procurement documents throughout the entire tender period. Responses to tenderers' questions must be provided within the prescribed deadline in the form of supplementary information, uniformly to all tenderers, regardless of who submitted the question. As consultants, we prepare the responses to procurement-related questions for the contracting authority, and for technical questions, we ensure that the responses provided by the contracting authority or its experts are lawful.
Preparation of Evaluation Reports and Documents
Pursuant to Section 27(4) of the Hungarian Public Procurement Act, the contracting authority is required to establish an evaluation committee of at least three members possessing, collectively, professional expertise relevant to the subject of the procurement, as well as legal and financial expertise, for the purpose of examining and evaluating tenders. Professional competence is typically demonstrated through relevant qualifications or documented practical experience, while procurement expertise requires the completion of training covering the fundamentals of public procurement knowledge or documented procedure management experience. The evaluation committee prepares a written expert opinion and decision recommendation for the person or body making the decision concluding the procedure. The final decision-making authority always remains with the contracting authority. The evaluation committee serves only a preparatory and advisory role. During the evaluation process, we naturally provide procurement expertise for our clients, and upon request, we also provide legal expertise at no additional charge. Our responsibilities include the preparation of all reports, requests for clarification, decision documents, as well as the summary evaluation that concludes both the assessment and the procedure.
Preparation of the Procurement Contract
Following the dispatch of the summary decision concluding the procedure, we prepare the contract to be signed with the successful tenderer in accordance with the procurement documents and the winning tender as in force at the time the obligation to conclude the contract arises (generally, the deadline for submission of tenders). Importantly, following a successful public procurement procedure, the contracting authority is obliged to conclude the contract in writing with the successful tenderer - or in the case of a joint tender, with the successful tenderers - in accordance with the final conditions communicated during the procurement procedure, the draft contract, and the content of the tender. Following the conclusion of the procurement contract, we support our clients in monitoring performance and fulfilling the related documentation obligations, ensuring the proper administration of the contractual relationship established as a result of the procedure. Contract modifications must comply with specific legislative requirements, which we examine in relation to the original conditions agreed in the procurement procedure. We also assist with the obligation to preserve documents generated during the procurement, ensuring compliance with the record-keeping requirements applicable to procurement procedures.