부정당업자 제재처분 취소
1. The Defendant’s disposition of imposing sanctions against the Plaintiff on November 30, 2017 is revoked.
2. The costs of lawsuit shall be.
1. Details of the disposition;
A. The Plaintiff is a company running a business such as wholesale and retail of computer equipment.
B. On September 12, 2017, the Defendant-affiliated B published a tender for “C Business (Lease”)” as follows:
(hereinafter “instant tender”). 1. Matters referred to a tender;
(a) Title: C business;
(g) The method of selecting successful bidders: Qualification examination;
(i) When the due date for the receipt of documents: September 25, 2017;
8. Selection of successful bidders;
(d) The determination of the person to be examined 1) shall be submitted through the National Defense Electronic Procurement System through the National Defense Electronic Procurement System. 2) The person to be selected shall submit the examination document through the National Defense Electronic Procurement System not later than the last day of submission, and shall submit it to B after the notice to the person in charge of the qualification examination, where it is directly submitted due
Where documents are not submitted by the deadline, an opportunity for additional submission shall not be granted, and a person who has submitted fraudulent or false documents or has failed to submit all or part of the examination documents without justifiable grounds or has waived examination before the determination of a successful tenderer after submitting the examination documents shall be subject to restrictions on participation in the tendering procedure under Article 27 of the State Contracts Act and Article 76 of the Enforcement Decree of the same Act
C. On September 20, 2017, the Plaintiff participated in the instant bidding and was selected as a person subject to the 5th priority examination, with the bid amount of KRW 1.266 billion.
B On September 25, 2017, the National Defense Electronic Procurement System requested a person subject to the examination of qualifications in the third through seventh categories of the tender in the instant case to submit the examination documents necessary for the examination of qualifications until September 29, 2017, but the Plaintiff failed to submit the examination documents by the said deadline.
E. On October 20, 2017, the Defendant received the Plaintiff’s opinion before determining whether to restrict the Plaintiff’s participation in bidding due to the recommendation of restriction on the Plaintiff’s participation in bidding from “B” on October 20, 2017.