입찰참가자격제한처분취소
1. The disposition taken by the Defendant against the Plaintiff on October 22, 2018 on the restriction on qualification for participation of unjust enterprisers in bidding shall be revoked for two months.
2...
1. Details of the disposition;
A. On July 2, 2018, Ulsan Metropolitan City B-Gun (hereinafter “B-Gun”) announced the instant public announcement of tender on July 2, 2018 (hereinafter “instant public announcement of tender”), and the said public announcement of tender was conducted.
In the public tender notice of this case, a person who can recycle synthetic resin (waste), as an enterprise that obtained a license for intermediate recycling business under the Wastes Control Act (excluding designated wastes) or final waste recycling business (excluding designated wastes) or general waste recycling business (excluding designated wastes), was demanded to participate in the bidding to participate in the bidding.
B. The Plaintiff, a waste disposal business entity licensed for the intermediate waste recycling business, constituted a joint venture with D Co., Ltd. for joint performance (hereinafter “joint venture”) with D Co., Ltd., and participated in the bid for the instant service project ordered by B.
On July 19, 2018, the instant contracting body was determined as the successful bidder of the instant construction project, and entered into a contract for the service construction of KRW 76,012,00 in total (D Co. 47,520,000, Plaintiff 28,492,00) with respect to the instant construction project (hereinafter “instant contract”).
C. During the construction period of the instant service, the Defendant demanded the Plaintiff to recycle ordinary waste generated in the course of removing the E Park’s human patury. However, the Plaintiff notified the Defendant that it could not be recycled on the ground that the Plaintiff did not obtain a license for interim waste recycling business that could dispose of the waste soil among the industrial wastes.
Accordingly, the Defendant on October 22, 2018, on the ground that the Plaintiff failed to perform the contract without justifiable grounds, Article 31 of the former Act on Contracts to Which a Local Government Is a Party (amended by Act No. 16042, Dec. 24, 2018; hereinafter “former Local Contracts Act”); Article 92 of the Enforcement Decree of the Local Contracts Act.