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The
translation is made on the basis of the status of the Hungarian legal
regulation in effect of 24.06.2009. In the matters in dispute it is the
Hungarian text the authoritative version.
*on the detailed rules of the competition procedure *
In accordance with section (1) of Art. 404 of Act CXXIX of 2003 on
public procurement (hereinafter Kbt.) as well as in conformity with the
provisions of Act LXXVIII of 1997 on the design and protection of built
up environment (hereinafter Étv.), the Government orders the following:
*Chapter I *
*GENERAL PROVISIONS*
*Scope of application of the decree*
Art. 1 (1) In terms of applying this Decree: a competition is a
design competition form suitable to compare and rank design proposals
specified in area and urban design, as well as other legislation, and
architectural-technical design proposals. The objective is to select a
design proposal and an architect suitable to resolve the design task,
as well as to initially clarify the professional conditions of the
architect’s commission.
(2) Unless the legal regulation provides for otherwise, the scope of
this decree shall cover to administer the competitions included in
Section (1) without regard whether announcing them was mandatory or it
took place at the competition promoter’s own decision.
(3) A competition procedure should be conducted by organisations
qualifying as competition issuer under the scope of Kbt., in the case
of a building project to tender the architectural-technical design of a
structure before execution – unless the legislation provides for
otherwise – as well as to tender architectural-technical design to be
ordered as an independent service. As a result of the competition
procedure – with deviations in Art. 22 – the service in accordance with
Kbt. will be ordered.
(4) In accordance with Section 18 of Art. 2 of Étv., conducting a
competition procedure is not mandatory to design special building
types. In the event that the nature of the design allows it, or other
technical, quality and economic requirements call for it, a competition
procedure may be conducted.
(5) The competition procedure shall be conducted before the building
and other regulatory licensing procedures in accordance with the
subject matter of the competition, and it cannot aim at preparing the
licensing design documentation itself.
*The types of the competition procedure*
Art. 2 (1) The competition procedure can be a design competition or
idea competition based on a design submission (architectural-technical
or other competition proposal).
(2) The competition can be conducted in a general or simple competition procedure.
(3) The idea competition has the objective to lay the professional
grounds of the design concept of design tasks, clarify initial
requirements of the competition promoted, and to prepare the design
programme in cases when the competition procedure does not aim at
ordering design services. It can also be applied to determine the
entrants in a short-listed procedure.
*Confidentiality*
Art. 3 (1) Confidentiality must be ensured for the competition.
(2) In order to ensure confidentiality
a) no motto or any other means violating confidentiality may be
supplied to the package containing the competition or certain work
sections, and neither can the competition contain any reference which
could be used to deduce the author or its workplace;
b) the name, address, registered offices and any other data requested
in the announcement for the entrants shall be attached in a sealed
envelope to the design submission;
c) the data of the authors of the awarded or purchased design
submissions can be disclosed to the jury and made public only after the
closing of the evaluation;
d) the data of the authors of design submissions non-awarded or
purchased or cost reimbursed cannot be disclosed to the jury and
neither can they be made public without the authorisation of the
entrants.
*Open competition procedure*
Art. 4 (1) Subject to the size, complexity and conditions of the design
task, the competition promoter shall determine whether the competition
procedure is open or short-listed.
(2) In the case of an open competition procedure all parties concerned can hand in a design submission.
The competition promoter can demand professional requirements based on
legal regulations for an open competition procedure as well to
determine the conditions of participating in the competition.
*Short-listed competition procedure*
Art. 5 (1) The rules of present Decree shall be applied to the
short-listed competition appropriately with regards to any issues not
regulated by the Kbt.
(2) In the case of a short-listed competition procedure, the provisions
of Section (3) of Art. 155 of Kbt. and Art 156 as well as Sections (2)
and (3) of Art 157 of Kbt. shall be followed.
(3) The short-listed competition procedure consists of two phases where
in the first phase the competition promoter will decide on the
entrant’s ability or inability to deliver the contract. In the first
phase of the procedure the competition promoter cannot request or the
entrant cannot hand in a design submission
(4) In the event that the competition promoter does not determine a
number for eligible entrants or a headcount, then all the entrants
qualified as suitable in the first phase shall be requested to hand in
a design submission.
(5) If the competition promoter determines the eligible number or
headcount of the entrants, of the entrants qualified as suitable in the
first phase, the entrants selected based on a ranking provided in the
competition announcement shall be requested to hand in a design
submission.
(6) The competition promoter may also request entrants directly to participate in a short-listed competition.
(7)
Art. 6 (1) To verify suitability at least the following can be submitted:
a) description of any professional activities to date concerning the subject matter of the competition;
b) verification of design eligibility;
c) identification of potential design partners, specialist designers and sub-contractors;
d) verification of designers’ liability insurance, manner of undertaking guarantees.
(2) The submission date of the documents to prove suitability shall be
determined so that adequate time is available for the entrants but it
should be at least 20 days from the date of issuing the competition
announcement.
(3) The result of examining suitability shall be announced. Following
the announcement of the results, the documentation shall be submitted
by post or directly to the short-listed entrants within five days.
*Cases for applying competition procedures*
Art. 7 (1) The competition procedure shall be conducted in accordance
with the general procedural rules of Articles 14–21 if the estimated
value of the design service to be ordered as a result of the
competition reaches or exceeds the community value relating to ordering
services according to Kbt.
(2) The competition can be conducted pursuant to the rules of this
decree even if the estimated value of the design service does not reach
the community value limit of ordering the service pursuant to Kbt.
*Collaborators in the competition*
Art. 8 (1) Collaborators in the competition
a) competition promoter (competition partner);
b) jury;
c) entrants.
(2) It is the obligation of every entity and organisation collaborating
in the competition procedure to preserve the integrity and ethical
standards of the competition as well as its professionalism.
*The competition promoter*
Art. 9 (1) The competition promoter is a natural or legal entity or an
organisation without a legal entity that has a disposal and decision
authority concerning the particular design task and the required
financial coverage to administer the competition.
(2) A competition partner is a natural or legal entity acting jointly
with the competition promoter in issuing and administering the
competition and having an interest in it, or an organisation not having
a legal entity.
(3) The task of the competition promoter (competition partner):
a) determine the objective and nature of competition;
b) ensure the financial coverage for the competition;
c) request and charge the jury, ensure the working conditions and remuneration;
d) determine the competition task;
e) prepare or have the competition prepared, approve and announce it;
f) administer the competition;
g) announce the result of the competition, pay the competition awards;
h) use and utilise the design submission pursuant to legal regulations.
(4) The competition promoter (competition partner) is responsible for
the professionalism and lawful nature of announcing and administering
the competition.
(5) The competition promoter (competition partner) shall provide
identical information without any distinction to the entrants
concerning the competition.
*The jury*
Art. 10 (1) The jury – a body of natural entities with high level
theoretical and practical knowledge concerning the subject matter of
the competition – shall conduct its work according to an agreement
reached with the competition promoter; its mandate runs from being
charged with the task to signing the final report. Based on a special
agreement, the jury may prepare the competition document and its
members may also participate in preparing the competition document.
(2) Participants in a jury: Chairman (co-Chair), Professional
Secretary, Members of the Jury, as well as any other persons involved
as experts and a legal expert if appropriate. The Professional
Secretary’s responsibility is to make arrangements for the competition
document as well as organise the management of the competition.
(3) The competition promoter will conclude an agreement with a person
concerning structures forming the subject matter of a priority matter
from a national economic point as specified in a special legislation to
perform the duties of Chair of the jury who is designated with the
agreement of the competent professional chamber by the minister
responsible for building affairs – in agreement with the minister
responsible for the protection of cultural heritage in the case of
landmark buildings.
(4) Representatives and private individuals proposed and requested by
the competent national professional chambers, professional
organisations and higher education institutions as well as the
specialist ministries, agencies of national competence concerned and
the local governments interested with the design task can participate
as member of the jury or experts who have high level theoretical and
practical knowledge concerning the subject matter of the competition.
(5) The professional representation of the competent national
professional chamber concerned with the subject matter of the
competition and the local government concerned with the design task
should be ensured in the jury at all times. The representation of the
competent specialist ministry and the agency with national authority in
accordance with the type of the structure should also be ensured if the
estimated value of the design service exceeds three-fold of the
national value pursuant to Kbt.
(6) A legal expert with legal qualifications shall participate in a
jury in cases stipulated by section (1) of Art. 7. His task is to
prepare the minutes taken during the competition procedure (opening
minutes, continuous minutes) and other documents. In cases not
mentioned in Section (1) of Art. 7, the task of a legal expert can also
be carried out by the professional secretary and accordingly his task
will also include taking minutes.
(7) The Chairman of the jury shall convene and chair the meetings of
the jury and the evaluation procedures. A Co-Chair’s involvement in a
jury is needed if the Chairman does not have the special qualifications
set forth as a requirement for the entrants.
(8) The Chairman (Co-Chair), the Professional Secretary and the members
are entitled to vote. The number of persons entitled to vote can be
between 5–11 persons with the deviations in the simple competition
procedure, and at least two-thirds must have qualifications or any
other equivalent qualifications set forth as professional requirement
for the entrants.
The representatives of the professional chambers and professional
organisations must have the design eligibility set forth for the
entrants as well.
(9) Before the announcement of the competition, the documentation shall
be supplied with the signature of agreement by all the members entitled
to vote and the legal experts of the jury. In the event that a member
on the jury is in disagreement with the contents of the documentation,
he can relinquish his participation in the jury’s work before the
announcement of the competition. The competition promoter can request
other new members if appropriate.
(10) In the case of any obstacles, the Chair of the jury is substituted
by the Co-Chair, a member by an alternate member, respectively, during
the complete procedure of evaluation as advertised in the competition,
if appropriate. Alternate members invited to take part in the jury by
the Chairman will have identical rights and duties as regular members.
Art. 11 (1) The task of the jury is to:
a) determine the design submissions best realising the competition
objective advertised in a competition document with or without a
ranking,
b) evaluate in writing, rate, and prepare the final report of the design submissions with detailed justification,
c) open the sealed envelopes attached to the design submissions that
have been awarded or offered to be purchased in the competition,
d) prepare a recommendation for further design.
(2) The professional decision of the jury concerning the award,
qualification, ranking of the design submissions as well as awarding
the competition prizes is final, and the competition promoter may not
deviate therefrom.
Art. 12 (1) The decisions of the jury are adopted as a body with simple
majority vote. The presence of two-thirds of the members eligible to
vote is required to ensure the quorum for the jury. In the case of
equal number of votes, the vote of the Chairman or Co-Chair having
special qualifications set forth as a professional requirements for the
entrants or having equivalent qualifications will decide. Any
participant of the jury is entitled to have his opposing view or
special opinion recorded in the continuous minutes during the
evaluation work.
(2) The work of the jury is not public. During the evaluation work,
only auxiliary personnel helping with the writing up of the minutes can
be present in addition to the persons announced in the competition
document. The work of the jury is public for structures forming the
subject matter of priority issues from a national economic point
specified in special legislation.
(3) Members of the jury must not participate as an architect, expert or
consultant in the further design of the plans evaluated by them;
furthermore, they cannot undertake contracts from the competition
promoter’s commission for the site of the competition evaluated by
themselves to prepare a design pursuant to identical design programmes
within three years from the announcement of the results.
*The entrant*
Art 13 (1) An entrant is a legal or natural entity or an organisation
without a legal entity that undertakes to prepare a design task
advertised in a competition announcement through its employee or agent
with an entitlement specified in special regulation, or that has been
requested to do so.
(2) By handing in the design submission, the entrant accepts the conditions of the competition document as binding for itself.
(3) The following shall not apply as an entrant:
a) a person or organisation that has been involved in the preparation or another phase of the competition procedures;
b) who:
ba) is a relative of a participant of the jury (Section b) of Art. 685 of Act IV of 1959 on the Civil Code;
bb) is in employment with the same business organisation as another
jury member or maintains any other legal relationship in that work or
has a property interest in an identical business organisation;
bc) handed in jointly with a participant of the jury a design submission (competition) within one year.
(4) The following cannot apply as entrants additionally:
a) the business organisation whose leading official, member of the
supervisory board or member having a property share in the business
organisation or their relative is a member of the jury;
b) the business organisation, with which any advertised member of the
jury is in an employment relationship or any other legal relationship
aimed at carrying out work;
c) the business organisation or natural entity who has committed a
violation of law in the course of its professional activity,
established in a verdict with legal force not longer than five years
before.
*Chapter II*
*THE GENRAL COMPETITION PROCEDURE*
*The competition documentation*
Art. 14 (1) The documentation of the competition (hereinafter
documentation) consists of a detailed programme and the associated
attachments, as well as the description of essential data for
information from the competition point of view.
(2) The detailed programme of the documentation shall especially contain the following:
a) the detailed description of the design task, the data required for
the competition, the guidelines to be applied, with reference to the
regulatory specifications, norms and standards if appropriate;
b) the place and manner of reviewing materials used to develop the competition, not issued but available for review;
c) all the essential data to be considered during the development of
the competition, (urban history, urban structure, area and urban design
references, plants, conditions of terrain, soil conditions, area used,
landmark and architectural protection, transportation, facilities of
public institutions, and other data);
d) a question sheet of data to be provided by the entrant to facilitate objective comparison;
e) method of indicating work sections under patent registration;
f) the special professional criteria of evaluating the competitions in
accordance with the subject matter of the competition, the requirements
related to the building quality, professional requirements and
professionalism of the architectural technical design, especially:
fa) arrangement (fitting to the environment and landscape, built up area),
fb) the purpose, usability and economies according to the design programme,
fc) the impact on the settlement landscape and settlement structure, as well as the requirements of viewing and view protection;
g) format and contents specifications, distinguishing the recommended and the mandatory requirements;
h) the description, scale and format requirements of the work sections of the competitions to be submitted;
i) the manner of returning non-awarded or non-purchased competitions;
j) information relating to the place and date of announcing the result.
(3) The attachments of the documentation shall especially contain:
a) the base map, site drawing of the competition site, including geodesic data if appropriate;
b) maps, examinations, design background and photographs required to understand the design task and prepare the competition;
c) address page;
d) envelope;
e) a data sheet to be completed for the data and the award for the
entrants, indicating the percentage division between the authors in the
case of the competition being purchased.
(4) The documentation shall contain essential information data concerning the competition, especially:
a) name of the competition promoter(s);
b) exact title, subject and nature of competition;
c) conditions of participating in the competition (aptitude requirements);
d) the place and cost of obtaining the full competition documentation;
e) the place, manner and deadline of submitting the design submissions;
f) the amount allocated for the award and purchase of the design
submissions, within that the highest amount of award and the lowest
amount of purchase;
g) the name of the Chairman (Co-Chairman) of the jury, the Professional
Secretary, members (alternate members) and the name of experts known at
the time of announcing the competition as well as the organisation or
workplace represented by them;
h) the method and deadline for raising questions and providing answers concerning the competition;
i) the name of the short-listed entrants in the case of short-listed competition;
j) the conditions by the competition provider and requirements to order the design service (design fees, deadlines);
k) the contents of the detailed programme and attachments of the competition;
l) the description of regulations pertaining to the competition procedure.
(5) The price of obtaining the documentation may be determined by the
competition promoter which may run up to the cost of preparing the
documentation.
(6) The competition promoter shall include the name and address of the
persons receiving and purchasing the documentation of the competition
in a schedule.
(7) The documentation shall be prepared by the date of announcing the competition procedure.
*Announcing the competition*
Art. 15 (1) The competition shall be advertised by applying a sample determined in a special legal regulation.
(2) If the estimated value of the design service reaches or exceeds the
community value limit, the competition shall also be advertised in the
official gazette of the European Union and the electronic daily of
advertisements (TED data bank) according to a sample determined in a
special regulation.
(3) If the estimated value of the design service reaches or exceeds the
national value limit but not the community limit, the competition shall
be announced in the public procurement notice in accordance with a
method and sample determined in a special regulation.
(4) The abridged competition announcement containing the essential data
of the competition as well as the documentation can also be announced
in part or full in the official information notice of the national
professional chamber with a competence according to the subject matter
of the design task and preferably also on its home page pursuant to the
provisions of Kbt.
*Deadlines related to the design submissions and handing in of design submissions*
Art. 16 (1) The deadline for submitting the designs shall be determined
so that sufficient time to prepare the design submissions, i.e. a
period of at least 60 days from the date of announcement is available.
(2)
(3) The persons and organisations that have obtained the documentation
of the competition can turn to the competition promoter with questions
in relation to the competition task in writing by maintaining the
conditions of confidentiality by the date provided.
(4) The deadline for submitting questions shall be determined so that
every entrant can receive the answers given before the deadline of
submitting the designs, at least 30 days before the expiration of the
sixty-day deadline.
(5) The competition promoter will send the answers to the questions to
all that have purchased the documentation by the date of the responses
to be given. From the same date, the answers to the questions
constitute part of the documentation.
(6) The competition promoter may modify the contents of the detailed
programme of the documentation, supplement data or withdraw from
continuing the competition procedure with the exception of the
evaluation criteria and the suitability requirements up to the date of
the answers to be given to the questions.
(7) In the case of withdrawal, the price of the documentation shall be
reimbursed to the entrants that have purchase them. The modification
and supplementation cannot affect the suitability criteria or the
evaluation criteria. The competition promoter can extend the date for
submitting the designs at the time of giving answers to the questions.
The new deadline for submitting the designs as well as the changed
deadlines shall be published in a way identical with that of the
announcement at least thirty days before the expiration of the original
deadline and the persons receiving the competition documentation shall
also be directly informed.
Art. 17 (1) The design submissions can be submitted exclusively by post
with the use of the address form attached to the documentation. The
verified date of postal dispatch shall be considered as the date of
submission.
(2) The competition promoter shall prepare minutes about the acceptance
of the designs submitted. The acceptance minutes shall contain the data
required for identification (the date of the postal seal on the
packaging, and the number of the postal registration receipt).
(3) One design submission can contain only one solution except if the
documentation contains different conditions pertaining thereto.
(4) An entrant can participate in a competition with one design submission only.
(5) By maintaining the conditions of confidentiality the entrant, in an attachment to the design submission,
a) can prohibit the disclosing of non-awarded or non-purchased design submissions in a declaration or
b) make a declaration in accordance with the competition announcement
whether he will undertake to further elaborate the design task in
accordance with the requirements set out in point j), Section (4) of
Art. 14, and whether he has the relevant eligibility to do so according
to a special legal regulation.
*Evaluation of the design submissions*
Art. 18 (1) The evaluation criteria of the design submission may not
deviate from the requirements specified in the advertisement and the
documentation and the answers given to the entrants’ questions.
(2) The jury will disqualify from the evaluation:
a) any design submission handed in after the deadline, without opening it;
b) a design submission that does not meet the contents requirements specified in the documentation;
c) any design submission violating the confidentiality in accordance
with points a) and b) of Section (2), Article 3, as well as
d) a design submission against whose authors a reason of disqualification arises in terms of sections (3)–(4) of Art. 13.
(3) The jury can also disqualify from the evaluation any design
submission not meeting the format requirements or that are deficient.
(4) The jury will prepare a final report as a written summary about the
evaluation work, the management of the competition, the evaluation, the
ranking of design submissions as well as continuous minutes about the
decision on the awards and purchases.
(5) All essential events shall be registered concerning the evaluation
work in the continuous minutes. The continuous minutes shall be signed
by the participants of the jury.
(6) The design submissions handed in before the deadline shall be
opened in the presence of the jury and every work section of the design
submissions shall be supplied with an evaluation number. Minutes shall
be taken about the opening (opening minutes) which shall contain at
least the evaluation number, postal identification, as well as the
description and number of pieces of work sections in the design
submissions. The opening minutes shall be attached to the continuous
minutes.
(7) The jury shall record a written summary concerning the competition in a final report. The final report shall contain:
a) exact title, objective, subject matter and nature of the competition;
b) a brief description of managing the competition, and the number and condition of the design submissions received;
c) compliance with the regulations in accordance with the competition announcement;
d) the evaluation criteria of the design submissions;
e) a summary evaluation about the results of the competition;
f) detailed professional evaluations about each design submission;
g) the ranking of the awarded design submissions, or in the case of a
result without ranking the listing of the awarded and purchased design
submissions;
h) the distribution of the awards and purchases and a short justification;
i) recommendations for the manner and opportunities of using the competition;
j) recommendations for further design;
k) the reason for an ineffective competition established by the jury;
l) in the case of a competition aiming at preparing a building
licensing plan, the recommendation concerning the building licensing.
(8) The participants of the jury eligible to vote shall sign an
original copy of the final report. The jury will transmit the final
report to the competition promoter which will publish the notice about
the result or failure of the competition pursuant to its contents.
(9) The sealed envelope attached to the awarded or purchased design
submissions may be opened only after signing the continuous minutes and
the documents recording the professional evaluation. The data of all
persons (authors and staff) indicated on the data form shall be
attached in a minutes to the final report.
(10) If a cause for disqualification pursuant to Sections (3)–(4) of
Art. 13 arises concerning the authors and staff after the adoption of
the final report or opening the sealed envelope, the design submission
concerned shall be disqualified from the competition subsequently.
If the disqualification influences the ranking, a new ranking shall be established.
*Advertising and utilising the competition result *
Art. 19 (1) The result of the competition shall be advertised by the
competition promoter by the date set out in the documentation. At the
time of advertisement, but within 8 workdays from advertising the
result at the latest, the awards and fees established for the
architects shall be paid out.
(2) A copy of the final report shall be sent to all that have purchased
the documentation without regard whether they have submitted a design
submission or not within thirty days from the advertisement.
(3) The participants of the jury, the authors of the awarded and
purchased design submissions or the short-listed entrants in the case
of a short-listed competition shall be invited to the announcement of
the result.
(4) The awarded and purchased design submissions will be transferred
into the competition promoter’s ownership and it can use them in part
or full without any further consideration by complying with the
provisions for copyright.
(5) The competition promoter shall return any non-awarded or
non-purchased design submissions to the entrant after contacting it
against a proof of identity. The competition promoter shall preserve
any non-accepted design submissions for thirty days from the date of
advertising the result.
(6) The competition promoter shall preserve the continuous minutes,
final report and other documents about the competition for five years
in accordance with the provisions of Kbt.
(7) The result of the competition shall be announced in accordance with a sample and method determined in a special regulation.
Art. 20 (1) Ordering a design or service for further design following
the competition can take place only based on a competition pronounced
effective by the jury based on the jury’s recommendation under the
contracting conditions specified in the documentation and the rules of
negotiation procedures without advertisement.
(2) A design contract to prepare a building licensing plan
documentation shall be concluded with the winning entrant. The design
contract, unless stipulated otherwise, shall not contain the obligation
of preparing the request for quotations for the technical documentation
of the building project (tender design).
(3) The jury can rate the competition ineffective if it does not
consider any design submission worthy of award or purchase. The jury
shall adopt the reason of ineffectiveness in the final report and make
a proposal for the manner of repeating and managing the competition.
(4) The amount of awarding or purchasing the design submissions shall
not be included in the fee of any further design commission.
*The financial coverage and fees for the competitions*
Art. 21 (1) The financial coverage for managing the competition shall
be transferred to the bank account of the competition promoter or
organisation performing the preparatory and management tasks before
announcing the competition. Without this the competition must not be
advertised.
(2) The rate of the financial coverage for the competition shall be
determined so that it is in proportion with the size, complexity and
requirements of the competition task and it should comply with the
professional practices and take into consideration the recommendations
of the competent professional chambers for rates and fees.
(3) The costs necessary to produce the competition document (printing,
photocopying, typing, advertisement, postal charges, cost of maps and
photos, etc.) shall be deducted from the entire budget allocated for
the competition. The amount thus remaining can be divided for the
awards and purchasing of the competitions as well as the fees for the
jury.
(4) The amount appropriated for the awards and purchasing of the design
submissions can be proportionately reduced if the jury rates the
competition of reduced value in terms of utilisation or one or more
short-listed entrants did not submit their design to a short-listed
competition.
(5)
(6) The members of the jury shall be granted fees for their preparation
of the competition and activities in the evaluation work in proportion
to the work carried out. The budget allocated for the fees of the jury
shall not exceed 25% of the amount reduced with the costs of the
financial coverage of the competition listed in Section 3.
(7) In the absence of an agreement otherwise the Chairman (Co-Chair) of
the jury is eligible for 140% of the fees for a jury member, the
professional secretary for 130%, the legal expert for a fee equivalent
with that of the jury member and an expert for 60–80% of the jury
member fees, respectively.
*The idea competition*
Art. 22 (1) Letting an idea competition is not mandatory and it does not substitute the competition obligation pursuant to Kbt.
(2) Following the idea competition, the competition promoter shall not
be liable for giving a commission to the authors of the awarded or
purchased competitions or the entrant for undertaking contracting. As a
result of the idea competition, no service can be ordered.
(3) The idea competition shall be let and managed in accordance with
the general rules of competitions in an open or short-listed form. The
competition promoter shall set out the objective of the idea
competition in the announcement and documentation.
(4) An idea competition, in accordance with sections (2)–(3) of Art. 15 shall be advertised,
a) if it is used to indicate the entrants of short-listed competition in Art. 5 of this decree under the scope of Kbt.;
b) if the amount of fees to be paid to the entrants in the competition
procedure reaches the value limit in accordance with Section b) of
Article 33 Kbt.
In other cases the idea competition shall be advertised in the official
journal of the competent professional chamber or the competition
promoter can make other arrangements for advertising the competition.
*Chapter III *
*SIMPLE COMPETITION PROCEDURE *
Art. 23
*Chapter IV *
*FINAL PROVISIONS*
Art. 24 (1) The letting, documentation of the competition as well as
the documents, minutes, final report prepared during the competition
procedure as well as the captioning and textual parts of the
competitions shall be prepared in Hungarian even if the competition
promoter specifies another language in the announcement. In the case of
disputes the Hungarian language text shall govern.
(2) In accordance with point d) of Section (2), Article 3 of Act LVIII
of 1996 on the designer and expert engineers as well as the
professional chambers of architects, a copy of the detailed programme
of the competition, and the section of the documentation containing
information data shall be sent to the Hungarian Chamber of Engineers
and the Chamber of Hungarian Architects competent for the subject
matter of the competition before announcing the competition. The
chambers may make professional comments in eight workdays provided they
observe any irregularities in the documentation and may appeal to the
competition promoter to render the documentation compliant with the
rules.
(3) The provisions of this decree shall be applied to letting and
managing competitions for the professional preparation of urban
settlement tasks, garden and landscaping, and interior design works.
(4) In cases not falling under the scope of Kbt. letting and managing a
competition is not mandatory. If the investor wants to manage such a
competition, the provisions of this decree shall be applied
accordingly.
(5) Competitions not falling under the scope of Kbt. shall be announced
in accordance with the provisions of Section (4) of Art. 15.
Furthermore, the competition promoter may request the announcement of
the competition prepared in accordance with a sample specified in a
special regulation in the Public Procurement Journal.
(6) The professional control tasks relating to the application of this
decree are carried out by the Minister responsible for building matters.
Art. 25 (1) This decree shall enter into force on 1 May 2004.
(2) The provisions of this decree shall be applied to the competition procedures advertised following its entering into force.
(3) The provisions of this decree shall not be applied if the ordering
of a service qualifying as architectural activity supported from the
structural or cohesion funds of the European Union has taken place
according to a procedure adopted in an international agreement.
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