W tym wpisie dwa słowa w temacie przystępowania do sprawy w KIO po stronie Nadleśnictwa, o którym wspominałem już tutaj.
Przystąpienie polega na tym, że jeżeli wygrałeś przetarg, a Twój konkurent odwołuje się od decyzji Nadleśnictwa, możesz w sprawie przed KIO stanąć po stronie zamawiającego, walcząc tym samym o własny kontrakt. Przystąpienie daje możliwość stawiennictwa na rozprawie i osobistej polemiki z argumentami strony odwołującej.
Inspiracją do zamieszenia wpisu w kwestii przystąpienia jest moje wrażenie, że po stronie firm leśnych istnieje pewna obawa lub niechęć co do skorzystania z prawa do przystąpienia. Powoduje to niedostateczną moim zdaniem popularność tej instytucji.
Niektórzy przedsiębiorcy decyzję w zakresie przystąpienia podejmują w oparciu o rekomendacje samego Nadleśnictwa. Innymi słowy, kiedy zamawiający namawia do przystąpienia – ZUL składa pismo, jeżeli Nadleśnictwo takich sugestii nie ma, albo wręcz odradza – wtedy ZUL biernie czeka na wyrok KIO. U źródła takiego postępowania jest zapewne przekonanie, że decyzje podejmowane przez Nadleśnictwo w postępowaniu przetargowym są po prostu słuszne i prawidłowe.
Nic bardziej mylnego!
Rezygnacja z przystąpienia to większe ryzyko przegranej!
Wiara w to, że Nadleśnictwo zawsze skutecznie obroni się samo może okazać się złudna. Przykładowych powodów jest kilka:
- Zaskarżona decyzja ma pewne defekty prawne, wymagające aktywnej i twórczej obrony. Im więcej głów i osób do jej przemyślenia, tym lepiej.
- Nadleśnictwo, mimo, że korzysta z pomocy profesjonalnego prawnika, nie dostrzeże wszystkich argumentów wspierających własne rozstrzygnięcie. Po prostu nikt nie jest doskonały, a my prawnicy najlepiej wiemy, że tam gdzie są 3 racje „za”, znajdą się zawsze i 3 racje „przeciw”.
- Nadleśnictwo zaniedba lub zignoruje należyte przygotowanie do rozprawy, pozostając w przekonaniu, że jego decyzja przetargowa sama się obroni.
- Wreszcie sam odwołujący będzie na tyle dobrze przygotowany do rozprawy, że rozłoży zamawiającego na przysłowiowe „łopatki”.
Na tym polega piękno stosowania prawa, że życie jest o wiele bogatsze niż kodeksowa treść. Dlatego właśnie prawnicy nigdy nie dają, a raczej nie powinni dawać klientom gwarancji sukcesu. Adwokat czy radca prawny wie, że zawsze jest choćby minimalne ryzyko przegranej.
Wychodząc z takiego przekonania należy dojść do wniosku, że jeżeli zależy Ci na zamówieniu publicznym, powinieneś walczyć o nie do samego końca. Decyzję o przystąpieniu do sprawy przed KIO podejmuj samodzielnie, bez sugerowania się radami zamawiającego.
***
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Truly when someone doesn’t know then its up to other users that they will assist, so here it takes place.
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Do you have any video of that? I’d want to find out some additional information.
Right now it sounds like BlogEngine is the top blogging platform available right now. (from what I’ve read) Is that what you’re using on your blog?
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At this time it looks like Drupal is the top blogging platform out there right now. (from what I’ve read) Is that what you are using on your blog?
At this time it looks like BlogEngine is the top blogging platform out there right now. (from what I’ve read) Is that what you’re using on your blog?
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Right now it sounds like Drupal is the best blogging platform out there right now. (from what I’ve read) Is that what you are using on your blog?
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Aw, this was a really nice post. Taking the time and actual effort to generate a superb article… but what can I say… I procrastinate a lot and never seem to get nearly anything done.
Aw, this was a very good post. Finding the time and actual effort to make a really good article… but what can I say… I hesitate a lot and never manage to get nearly anything done.
Hey there, You have done an excellent job. I’ll certainly digg it and personally suggest to my friends. I am confident they will be benefited from this site.
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Currently it appears like Drupal is the preferred blogging platform out there right now. (from what I’ve read) Is that what you’re using on your blog?
Aw, this was a very nice post. Finding the time and actual effort to create a superb article… but what can I say… I hesitate a whole lot and never manage to get nearly anything done.
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Aw, this was an extremely nice post. Taking a few minutes and actual effort to produce a good article… but what can I say… I procrastinate a lot and don’t manage to get anything done.
May I simply just say what a comfort to uncover somebody that actually knows what they’re discussing over the internet. You definitely realize how to bring a problem to light and make it important. A lot more people really need to read this and understand this side of your story. I was surprised you aren’t more popular since you certainly have the gift.
At this time it appears like Expression Engine is the top blogging platform out there right now. (from what I’ve read) Is that what you’re using on your blog?
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At this time it appears like BlogEngine is the top blogging platform out there right now. (from what I’ve read) Is that what you are using on your blog?
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At this time it appears like Movable Type is the best blogging platform out there right now. (from what I’ve read) Is that what you are using on your blog?
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Right now it appears like Movable Type is the top blogging platform available right now. (from what I’ve read) Is that what you’re using on your blog?
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Right now it sounds like BlogEngine is the preferred blogging platform out there right now. (from what I’ve read) Is that what you are using on your blog?
Aw, this was a very nice post. Taking the time and actual effort to create a very good article… but what can I say… I hesitate a lot and never seem to get nearly anything done.
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Right now it looks like Wordpress is the top blogging platform available right now. (from what I’ve read) Is that what you are using on your blog?
Aw, this was a very good post. Spending some time and actual effort to produce a good article… but what can I say… I put things off a lot and don’t manage to get anything done.
Hey I know this is off topic but I was wondering if you knew of any widgets I could add to my blog that automatically tweet my newest twitter updates. I’ve been looking for a plug-in like this for quite some time and was hoping maybe you would have some experience with something like this. Please let me know if you run into anything. I truly enjoy reading your blog and I look forward to your new updates.
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Hey I know this is off topic but I was wondering if you knew of any widgets I could add to my blog that automatically tweet my newest twitter updates. I’ve been looking for a plug-in like this for quite some time and was hoping maybe you would have some experience with something like this. Please let me know if you run into anything. I truly enjoy reading your blog and I look forward to your new updates.
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Currently it appears like Wordpress is the preferred blogging platform out there right now. (from what I’ve read) Is that what you are using on your blog?
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At this time it looks like Movable Type is the preferred blogging platform available right now. (from what I’ve read) Is that what you are using on your blog?
Wow that was unusual. I just wrote an very long comment but after I clicked submit my comment didn’t show up. Grrrr… well I’m not writing all that over again. Regardless, just wanted to say great blog!
Currently it looks like Wordpress is the preferred blogging platform out there right now. (from what I’ve read) Is that what you’re using on your blog?
Hi there, You have performed an excellent job. I’ll certainly digg it and personally suggest to my friends. I’m confident they will be benefited from this web site.
Currently it appears like Expression Engine is the top blogging platform available right now. (from what I’ve read) Is that what you’re using on your blog?
Hey I know this is off topic but I was wondering if you knew of any widgets I could add to my blog that automatically tweet my newest twitter updates. I’ve been looking for a plug-in like this for quite some time and was hoping maybe you would have some experience with something like this. Please let me know if you run into anything. I truly enjoy reading your blog and I look forward to your new updates.
Currently it sounds like BlogEngine is the best blogging platform out there right now. (from what I’ve read) Is that what you’re using on your blog?
At this time it appears like Movable Type is the top blogging platform available right now. (from what I’ve read) Is that what you’re using on your blog?
Right now it seems like BlogEngine is the preferred blogging platform out there right now. (from what I’ve read) Is that what you’re using on your blog?
Aw, this was an incredibly good post. Taking the time and actual effort to produce a top notch article… but what can I say… I procrastinate a whole lot and never seem to get nearly anything done.
Hello there, You’ve done a great job. I’ll certainly digg it and individually suggest to my friends. I’m confident they’ll be benefited from this web site.
Aw, this was a very nice post. Finding the time and actual effort to make a great article… but what can I say… I procrastinate a whole lot and never seem to get nearly anything done.
At this time it looks like Movable Type is the preferred blogging platform available right now. (from what I’ve read) Is that what you’re using on your blog?
Excellent article. Keep posting such kind of info on your blog. Im really impressed by your blog.
At this time it sounds like Drupal is the top blogging platform available right now. (from what I’ve read) Is that what you’re using on your blog?
Hi there, You have performed a fantastic job. I will definitely digg it and in my view recommend to my friends. I’m confident they will be benefited from this web site.
Right now it sounds like Movable Type is the top blogging platform out there right now. (from what I’ve read) Is that what you are using on your blog?
Aw, this was a really nice post. Finding the time and actual effort to produce a good article… but what can I say… I put things off a lot and never manage to get anything done.
Can I simply say what a relief to find a person that truly understands what they are discussing over the internet. You actually realize how to bring an issue to light and make it important. A lot more people need to read this and understand this side of the story. I was surprised that you are not more popular since you surely possess the gift.
At this time it looks like Expression Engine is the best blogging platform out there right now. (from what I’ve read) Is that what you’re using on your blog?
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Aw, this was an extremely nice post. Taking a few minutes and actual effort to generate a very good article… but what can I say… I procrastinate a lot and don’t manage to get anything done.
Wow that was odd. I just wrote an very long comment but after I clicked submit my comment didn’t show up. Grrrr… well I’m not writing all that over again. Anyhow, just wanted to say fantastic blog!
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Wow that was strange. I just wrote an really long comment but after I clicked submit my comment didn’t show up. Grrrr… well I’m not writing all that over again. Anyway, just wanted to say superb blog!
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Excellent post. Keep writing such kind of info on your blog. Im really impressed by your blog.
May I just say what a comfort to uncover a person that actually knows what they’re talking about on the internet. You certainly know how to bring an issue to light and make it important. A lot more people really need to check this out and understand this side of the story. I was surprised that you’re not more popular given that you most certainly have the gift.
Hey I know this is off topic but I was wondering if you knew of any widgets I could add to my blog that automatically tweet my newest twitter updates. I’ve been looking for a plug-in like this for quite some time and was hoping maybe you would have some experience with something like this. Please let me know if you run into anything. I truly enjoy reading your blog and I look forward to your new updates.
Excellent pieces. Keep writing such kind of information on your page. Im really impressed by it.
Hey I know this is off topic but I was wondering if you knew of any widgets I could add to my blog that automatically tweet my newest twitter updates. I’ve been looking for a plug-in like this for quite some time and was hoping maybe you would have some experience with something like this. Please let me know if you run into anything. I truly enjoy reading your blog and I look forward to your new updates.
Greate article. Keep posting such kind of information on your site. Im really impressed by your blog.
Right now it appears like Movable Type is the top blogging platform available right now. (from what I’ve read) Is that what you’re using on your blog?
Excellent pieces. Keep posting such kind of info on your site. Im really impressed by it.
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