입찰참가자격제한처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On March 14, 2018, the finance officer of the Army B unit under the Defendant-affiliated with the Defendant published C Tender (hereinafter “instant Tender”) including the following details.
on March 23, 18.3. 23. 11:00 11,138,450
1. Matters to be referred to the tender.
(g) Any person who intends to participate in this tendering procedure must examine the matters concerning the procurement, including the specifications (including specifications and samples), unit price, time-limit for delivery, and type of items to be procured prior to the submission of the tender, and then verify whether it is possible to deliver them, and any liability not verified shall be borne by the tender participants.
It is time to confirm samples, etc. due to the nature of the original purchase, and if it is necessary to confirm samples, etc., it shall be notified to the commodity-related department by the date of entry (16.00), and the entry registration in English shall be completed, and entry in the unit other than the administrative guidance office shall be restricted at the time of unregistered registration.
B. The Plaintiff participated in the said bidding and was selected as a successful bidder, and entered into a purchase contract with the Defendant on April 10, 2018.
On May 9, 2018, the Plaintiff visited the above unit after being selected as a successful bidder and perused and lent samples, and thereafter requested the Defendant to terminate the contract on the grounds that some items are impossible to purchase or are terminated.
C. On May 10, 2018, the Defendant notified the termination of the contract and the return of the contract bond to the National Treasury. On June 21, 2018, the Defendant issued a four-month limitation measure against the Plaintiff pursuant to Article 27(1)8(b) of the Act on Contracts to Which the State is a Party (hereinafter “State Contract Act”) and Article 76(1)2(a) of the Enforcement Decree of the same Act.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 5 (including branch numbers, hereinafter the same shall apply), Eul evidence 1 to 11, and the purport of the whole pleadings
2. Whether the instant disposition is lawful