PUBLIC INTEREST DISCLOSURES – PUBLIC PROCUREMENT AUTHORITY

The Public Procurement Authority examines whistleblower reports, and where it finds that provisions of the law have been breached, it shall take the necessary steps to conduct an investigation.

Kulcsszavak: Whistleblower report, Public procurement, Legal remedy, Arbitration board, Breach of law, Public Procurement Authority

Whistleblower reports must be submitted online to the Public Procurement Authority, except for private individuals. Private individuals should submit their whistleblower reports to kozerdeku@kt.hu

Documents related to a whistleblower report must be submitted through the client gateway of the Public Service and Support Department. Specific forms have been created for submitting whistleblower reports and for providing the data needed to investigate whistleblower reports. Detailed information on electronic administration and forms are available on the website of the Authority here:

http://www.kozbeszerzes.hu/e-ugyintezes/ 

In the interests of effective and quick administration, you are advised to provide data identifying the whistleblower and the public procurement procedure concerned in the whistleblower report. The Public Procurement Authority will contact the whistleblower if the whistleblower report is submitted without a signature, or the whistleblower is not identified properly. The Public Procurement Authority will process the personal data of whistleblowers as restricted data, as required by law.

It should be noted that whistleblower reports can also be submitted through the protected electronic reporting system for Public Interest Disclosures  provided by the Commissioner for Fundamental Rights.

Whistleblower reports must be assessed within thirty days. If the investigation required for the assessment of the whistleblower report is expected to take longer than thirty days, the Public Procurement Authority shall inform the whistleblower thereof, and indicate the expected date of resolution and provide reasons for the extended investigation.

Where a breach of law is suspected, the Public Procurement Authority shall initiate the proceeding of the Public Procurement Arbitration Board no later than sixty days after it was informed of the breach.

However, the Public Procurement Authority can only initiate the Public Procurement Arbitration Board’s proceeding within three years of the breach.

For procurements carried out without a public procurement procedure, a legal remedy may be sought within five years of the conclusion of the contract or, where this date can’t be determined, from the day on which performance of the contract began.

For public procurements in which grants were awarded, a legal remedy can be sought within the period for retaining documents as stipulated in a separate piece of legislation concerning the payment and award of such grants, but at least within five years from the breach, or, for procurements carried out without a public procurement procedure, from the conclusion of the contract, or from the day on which performance of the contract began.

ÁNYK (General Form-Filling Framework Programme) form (Public Service and Support Department)

Data Form

The proceedings are free of charge.

Public Procurement Authority

Budapest-Capital Regional Court

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Act CXLIII of 2015 on Public Procurement

Act CLXV of 2013 on Complaints and and Public Interest Disclosures

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