beta
(영문) 부산지방법원 2016.08.17 2016가합41855

낙찰자지위 확인 등

Text

1. The main part of the lawsuit in this case shall be dismissed.

2. The plaintiff's conjunctive claim is dismissed.

3...

Reasons

1. Basic facts

A. On August 13, 2015, the Defendant publicly announced a tender for “the construction project management services of the Dongcheon-gu Bridge Construction Project (hereinafter “instant tender”)” (hereinafter “instant tender”) under the Busan Metropolitan City public announcement No. 2015-1561, the main contents of the said public announcement are as follows.

1. Matters referred to the tender;

(a) Name of service: Management services for construction works of a bridge exclusively for the same, scenic, and scenic, scenic, and practical use;

(c) Basic amount: 180,000,000 won;

(d) Period for construction: Eight months from the commencement date;

7. Method of determining a successful bidder;

(a) At the time of the tender of a local government, I will determine as a successful tenderer a person whose total horizontal point is not less than 95 points by examining qualifications in the order of the minimum bid price (87.745%) which is below the estimated price in accordance with the standards for determining a successful tenderer;

B. The detailed criteria applicable to this case’s qualification examination shall be as follows:

(1) Criteria for evaluation: [Criteria for the determination of successful bidders in bidding by local governments] Chapter III of the Regulations of the Ministry of the Interior, and attached Table 2 of the internal standards for the

3. Standards for evaluation of technical services, the estimated price of which is less than 20 million won, (2) evaluation of performance - scope of recognition of performance records of the same kind of services: 163,636,364 won, including bridges;

B. The Plaintiff participated in the instant bidding on August 13, 2015, and the Plaintiff was selected as the lowest bidder as the result of opening on August 20, 2015, and thereafter, the Plaintiff submitted to the Defendant data, such as “certificate of performance performance, evaluation data of management status, and certificate of possession of technicians based on the standards for public announcement.” The Plaintiff’s certificate of performance submitted was related to the performance record as of August 21, 2015, “the full responsible supervision service for construction works on the roads of Busan Expressway-Dong-dong Tourist Complex,” which was not completed at the time.

C. On September 1, 2015, the Defendant’s performance record stated in the data submitted by the Plaintiff as a result of examining the Plaintiff’s qualification.