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(영문) 서울행정법원 2018.09.20 2018구합62072

부정당업자 제재처분 취소

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1. The Defendant’s disposition imposing restrictions on participation of unjust enterprisers in bidding on June 29, 2017 is revoked.

2...

Reasons

1. Details of the disposition;

A. The Plaintiff is the representative of B engaged in boiler and tank manufacturing business.

1. Outline of the tender;

(a) Purchase management number: D;

(b) For end-user institutions: National Health Insurance Corporation;

(c) Method of contract: Limited competition;

(d) Product name: gas engines, air pumps.

2. The date and place of bidding;

(a) The date and time of bidding (open bidding): May 19, 2017;

(b) Bidding method: Electronic tendering;

(c) When the submission of electronic bidding documents commences: May 17, 2017 4:0

(d) The due date for the submission of electronic bidding documents: May 19, 2017;

(e) Place of opening: The National Comprehensive National Electronic Procurement System (Bater);

5. Methods of selecting successful bidders;

B. This bid is determined by the successful bidder following the qualification examination under Article 10(2)1 of the Act on Contracts to Which the State is a Party and Article 42(1) of the Enforcement Decree of the same Act. Thus, the bidder must participate in the tender with detailed knowledge of the detailed criteria for the qualification examination of goods purchase, relevant special conditions, and all other matters necessary for the tender.

B. On May 10, 2017, the Incheon Regional Government Procurement Service publicly announced the National Health Insurance Corporation C bidding (hereinafter “instant bidding”) on May 10, 201, and some of its content are as follows.

C. The Plaintiff, as the representative B, participated in the instant tender, and became the first priority as the result of opening the bids around 15:00 on May 19, 2017.

On May 2, 2017, the Defendant: (a) on May 22, 2017, set the deadline for submitting documents on the qualification examination to the Plaintiff as 18:00 on May 25, 2017; and (b) sent a written notice of the subject of the qualification examination to the Plaintiff; and (c) on May 25, 2017, the Plaintiff submitted the goods qualification examination report to the Defendant.

On May 25, 2017, at around 16:27, the Defendant registered and disclosed the results of the Plaintiff’s performance of the contract to the National Integrated Electronic Procurement System.

E. On May 26, 2017, at around 13:30, the Plaintiff sent to the Defendant a written waiver of the instant bidding case (hereinafter “instant waiver”) by facsimile, stating the “non-payment due to confirmation of ginseng products” as the reason for waiver, and the Defendant on the same day at around 13:31.