입찰참가자격제한처분취소
The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is a company that runs the business of dismantling non-inter-system structures.
B. On November 19, 2019, the Seoul Special Metropolitan City agency B (hereinafter “B”) published a public tender with respect to “C” (hereinafter “instant construction”) for the construction period of KRW 50 days from the date the construction period begins, and for the construction scale of KRW 62,326,00 (hereinafter “instant tender”).
C. The Plaintiff participated in the instant bidding on November 25, 2019, and the first bidder was selected as the next bidder due to the decline in the qualification examination. D.
On December 4, 2019, the Plaintiff: (a) notified the Defendant on December 2, 2019 that “A party company submitted the qualification examination document to the second-class company; but (b) notified the Defendant that the instant construction should be waived due to the circumstances in the process of the pre-determination of the successful bidder; and (c) given up the qualification examination.”
E. On February 19, 2020, the Defendant rendered a disposition to the Plaintiff, who was selected as the subject of the qualification examination in the first priority order to participate in the instant bid, but waivers the examination before the determination of the successful bidder after submitting documents necessary for the examination of the ability to perform the qualification examination. This disposition was taken for a period of time from February 20, 2020 to April 19, 202 pursuant to Article 31(1)9(b) of the Act on Contracts to Which a Local Government is a Party (hereinafter “Local Contract Act”), Article 92(2)1(e) of the Enforcement Decree of the Act on Contracts to which a Local Government is a Party (hereinafter “Enforcement Decree of the Local Contract Act”), Article 76(1) [Attachment 2] of the Enforcement Rule of the Act on Contracts to which a Local Government is a Party (hereinafter “Enforcement Rule of the Local Contract Act”).
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 4, and Eul No. 1.