Wylegując się na kanapie w okresie świątecznym zastanawiałem się, czy w przetargach leśnych cezura czasowa jaką jest Nowy Rok ma znaczenie. Chyba tylko taki, że wolne dni na koniec grudnia utrudniają ZUL-om korzystanie z ustawowych uprawnień (zobacz ten wpis). Nadleśnictwa dobrze zdają sobie z tego sprawę dokonując wyboru ofert tuż przed świętami lub sylwestrem.
Przejście ze starego roku w nowy ma jeszcze mniejszą doniosłość wtedy, gdy u zamawiających trwa karuzela kolejnych przetargów. Te następujące po sobie postępowania są wywołane albo zbyt wysokimi stawkami ofertowymi albo wręcz całkowitym brakiem ofert. O zjawisku pisze Rafał Jajor we wstępniaku do styczniowej Gazety Leśnej.
W tym kontekście chcę wrócić do zagadnienia, które poruszałem na początku grudnia.
Tym, którzy chcą pozostać w grze radzę zachować czujność. Zamawiający, choć nie wszyscy, stosują bowiem młody przepis z Prawa zamówień publicznych. Jest tam norma, która pozwala narzucić skrócony termin składania ofert. Powodem może być „pilna potrzeba udzielenia zamówienia i istnienie uzasadnienia dla skrócenia terminu składania ofert.” Ten maksymalnie krótki czas to zaledwie 15 dni.
Czy brak rozstrzygnięcia pierwszego przetargu może uzasadniać stosowanie wyjątku? Jeżeli przyjrzeć się orzecznictwu KIO, to wychodzi na to, że tak. Izba wyraża bowiem pogląd, że
nawet wtedy, gdy zamawiający mógł przewidzieć konieczność przeprowadzenia postępowania, stosowanie wyjątkowego terminu jest uzasadnione.
Przełóżmy to na praktykę usług leśnych. Nawet jeżeli Nadleśnictwo wie, że za oszacowane stawki nikt nie złoży oferty mieszczącej się w budżecie zamawiającego, przy drugim podejściu do przetargu może stosować skrócony termin składania ofert.
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