As reported Shared Services Centre in a letter to InPost and the Polish Post has decided to cancel both the contract award procedure and the choice InPost offer. CUW has argued that “the occurrence of a material change in circumstances, resulting in the conduct of proceedings or execution of the contract is not in the public interest, which could not have been predicted”. It was not announced in writing, about what circumstances are going on.
– Shared Services Centre informs that appeared evidence of lack of public interest in the performance of the contract. Proof of this, according to the law of 5 August 2010. On the protection of classified information is classified information and as such can not be made public – SSC announced on Monday.
– This is an absolutely unprecedented situation it is a mockery of the free market and trust businesses to the state – especially the regularity of the tender SSC and its decision was confirmed by the KIO and independent courts. What significant happened over the last week, which could not have been foreseen, which results that the order of postal services by the government is not in the public interest? – He commented on the decision SSC board member InPost Krystian Szostak.
InPost will compete for the contract or for damages
Szostak also challenges, allegedly at the root of this decision lay public interest. He accused the government side, despite declarations that does not create a favorable environment for business. – I assure you that we will fight in court, if not a contract, it’s about our rightful compensation – he added.
– are not commenting on the decision of the contracting authority. However, this contract is important for the postal market because of its importance and relevance to key institutions in the country. Polish Post Office in the course of these proceedings, among others, reported doubts as to the actual existence of the declared branch network competition – Polish Post Office spokesman said Zbigniew Baranowski.
This is another turn in proceedings relating to emerge entity responsible for providing government correspondence. December 11 last year, SSC informed about selecting InPost as the most advantageous offer. The offer of private postal operator – as reported – turned out to be the cheapest. Polish Post December 19 appealed against that decision to the National Appeal Chamber (KIO), arguing that the price form InPostu was illegally kept secret.
KIO upheld the appeal and ordered the declassification of InPost only the price form. Then CUW had to re-evaluation of bids performers and even the same day re-elected InPost. This decision was another reason for the appeal Post December 23. It was argued that the KIO before she could draw up a written statement of the judgment, and the Mail familiar with odtajnionym form InPost price, CUW after less than two hours from the announcement of the decision KIO re-elected its competitor.
16 January. KIO rejected the appeal, arguing that some of the allegations has been brought out of time, while others were considered in the previous appeal. The case had its continuation before the Regional Court in Warsaw, where independently of one another complaint submitted two entities: the Public Procurement Office (PPO) and the Polish Post.
– The goal of the action brought by the President was to eliminate from the legal order under appeal the National Board of Appeal and bring to the merits brought by the Polish Post SA appeal. In its complaint the President of the Office raised only argument regarding the illegitimacy of the rejection of the appeal and demanded his merits, without taking a position on the pleas of the rejected appeal – informed PPO.
In turn, the Post Office has requested a change of the contested order KIO and substantive decision case and to reject the offer InPost as satisfying the requirements of formal, for lack of the required branch network and errors in price form. The court on April 20 upheld the appeal but only the PPO, removing the faulty judgment of the legal system. After the substantive examination of an appeal Post dismissed them.
PAP, abo
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