Decision No D.398/36/2025 by the Public Procurement Arbitration Board

Based on an ex officio initiative submitted by the Integrity Authority against the public procurement procedure, titled “Szigetvár Recreational Centre 2”, conducted by the Municipality of Szigetvár, the Public Procurement Arbitration Board (hereinafter: PPAB) found that the contracting authority, the successful tenderer and another tenderer had all committed infringements and imposed fines on them.

Based on the examination of the technical documentation and the budget of the public procurement procedure, the PPAB found that the contracting authority had failed to comply with its obligation to ensure the possibility of submitting tenders for lots, despite the fact that the road and car park construction works were clearly separable from the construction of the recreational centre, thereby violating Section 61(4) of Act CXLIII of 2015 on public procurement (hereinafter: PPA).

Based on the cumulative examination of the evidence, the circumstances surrounding the submission of tenders, the tendering declarations and tender metadata, the PPAB concluded that the tenderers had not acted independently of one another, thereby violating fair competition required under Section 2(1) of the PPA. Consequently, the contracting authority should have declared their tenders invalid and the public procurement procedure unsuccessful.

A request for judicial review has been submitted against Decision No D. 398/36/2025 of the PPAB.