Z następującym zagadnieniem zwrócił się do mnie jeden z Klientów.
Otóż poinformowano go w Nadleśnictwie, że używana tam platforma przetargowa smartpzp nie przewiduje możliwości podpisania oferty przy reprezentacji dwuosobowej. Chodzi o sytuację, w której do przetargu startuje spółka z dwiema osobami w zarządzie, mającymi łączne prawo reprezentacji.
Zdziwiła mnie ta informacja. Wynikałoby z niej ni mniej, ni więcej, że takie podmioty mają techniczne ograniczenia co do możliwości złożenia oferty.
Podczas wspomnianej rozmowy z Klientem wykluczyłem komplikacje. Wyszedłem bowiem z założenia, że procedura przetargowa nie powinna dyskryminować przedsiębiorców w zależności do tego, w jakiej formie prowadzą swój biznes i czy w zarządzie mają jednego, dwóch czy trzech członków.
***
Przyjrzałem się w wolnej chwili platformie smartpzp. Nie testowałem wcześniej tego narzędzia, bowiem nie było jak dotąd stosowane w LP. Uświadomiłem sobie, że rzeczywiście procedura składania ofert za pośrednictwem platformy może wywołać wspomniane komplikacje.
Składając ofertę wgrywamy plik – formularz ofertowy opatrzony podpisem. Dodatkowo jednak cenę ofertową i ewentualne inne kryteria wpisujemy w rubryki przygotowane przez smartpzp. Na koniec złożenie/wysłanie oferty także opatrujemy podpisem. I właśnie w tym momencie ujawnia się problem –
czy i jak podpisy mają złożyć dwie osoby?
Wątpliwości potwierdziły się w regulaminie smartpzp. Regulamin – załącznik do SIWZ wskazuje, że w omawianym przypadku należy dołączyć do oferty stosowne, dodatkowe pełnomocnictwo. Wniosek – trzeba dokładnie czytać całą dokumentację przetargową!
Procedura stosowana przez smartpzp jest dla mnie niezrozumiała, wręcz kuriozalna. Okazuje się bowiem, że spółka posiadająca dwóch członków zarządu i łączną reprezentację musi tworzyć dodatkowe dokumenty, aby skutecznie złożyć ofertę.
***
Wykonawca z łatwością przygotuje upoważnienie, ale zastanawiam się, czy nie jest to rozwiązanie dyskryminujące i do zaakceptowania w świetle zasady równości w postępowaniu o udzielenie zamówień…
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