CPV na roboty budowlane

W Rozporządzeniu Ministra Rozwoju z 26 lipca 2016 w sprawie wykazu robót budowlanych w załączniku Wykaz robót budowlanych, w poszczególnych działach pojawiają się wyłączenia kodowe. I tak np. w dziale 45, w klasie 45.23 Budowa dróg szybkiego ruchu, dróg, lotnisk i obiektów sportowych, w kolumnie kod CPV wskazano m.in. „z wyjątkiem: 45231000, 45232000, 45234115”. Może się w związku z tym pojawić uzasadnione pytanie czy ten zapis oznacza, że roboty budowlane w zakresie budowy rurociągów, ciągów komunikacyjnych i linii energetycznych, roboty pomocnicze w zakresie rurociągów i kabli oraz roboty w zakresie sygnalizacji kolejowej nie są klasyfikowane jako roboty budowlane wg rozporządzenia. Nic bardziej mylnego. Nie można ww. robót zaklasyfikować jak usługi.

Jednym słowem

Można byłoby napisać krótko – wszystkie zamówienia opisane kodami CPV w dziale 45 są robotami budowlanymi. Pominięcie w rozporządzeniu kodu CPV oznacza jedynie, że przedmiot zamówienia nie mieści się w danej klasie. Nie znaczy to, że zamówienie nie jest robotą budowlaną. Zamówienie o kodzie CPV 45234115 jest robotą budowlaną sklasyfikowaną jako „wykonywanie pozostałych instalacji budowlanych” 🙂

Roboty budowlane

Postanowienia rozporządzenia, uwzględniają postanowienia nowych Dyrektyw (Dyrektywa Parlamentu Europejskiego i Rady 2014/24/UE z 26.02.2014 r. oraz Dyrektywa Parlamentu Europejskiego i Rady 2014/25/UE z 26.02.2014 r.). W Dyrektywach tych zawarte są definicje „zamówienia publicznego na roboty budowlane”. Są to m.in. zamówienia dotyczące wykonania albo zarówno zaprojektowania, jak i wykonania robót budowlanych, związanych z jednym z rodzajów działalności określonych w załączniku do Dyrektywy (w przypadku Dyrektywy 2014/24/UE jest do załącznik nr II, a w przypadku Dyrektywy 2014/25/UE jest to załącznik nr I). W dziale 45, w klasie 23 oznaczonej jako „Budowa dróg szybkiego ruchu, dróg, lotnisk i obiektów sportowych” znajdują się roboty budowlane oznaczone kodami CPV 45212212 i DA03 45230000. Wyjątek stanowią zamówienia, których przedmiot oznaczony jest kodem CPV 45231000 (Roboty budowlane w zakresie budowy rurociągów, ciągów komunikacyjnych i linii energetycznych), 45232000 (Roboty pomocnicze w zakresie rurociągów i kabli) oraz 45234115 (Roboty w zakresie sygnalizacji kolejowej). Nie oznacza to jednak, że zamówienia, których przedmiot jest oznaczony wyłączonymi kodami nie stanowi robót budowlanych w rozumieniu przedmiotowego rozporządzenia. Już sama nazwa każdego z tych przedmiotów zamówienia wskazuje na to, że są one robotami budowlanymi; nie sposób ich więc zakwalifikować jako usługi, czy dostawy. Ze słownika CPV, jak i z rozporządzenia jednoznacznie wynika, że każdy przedmiot zamówienia w dziale 45 jest robotą budowlaną. Wyłączenie kodów 45231000, 45232000 i 45234115 w rozporządzeniu oznacza jedynie, że nie mieszczą się one w robotach budowlanych klasyfikowanych w klasie 23 (jako budowa dróg szybkiego ruchu, dróg, lotnisk i obiektów sportowych). W rozporządzeniu kod CPV 45234115 (Roboty w zakresie sygnalizacji kolejowej) odnaleźć można jednak w klasie 34 – wykonywanie pozostałych instalacji budowlanych. Zamówienia, których przedmiot jest opisany kodami CPV 45231000 oraz 45232000 znajdują się w grupie 45.2 Roboty budowlane w zakresie wznoszenia kompletnych obiektów budowlanych lub ich części oraz roboty w zakresie inżynierii lądowej i wodnej. Pomocne przy ustalaniu grup i klas robót budowlanych jest słownik CPV, dostępny na stronie internetowej Urzędu Zamówień Publicznych https://kody.uzp.gov.pl.

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