On March 19, 2010, E institutions affiliated with the Plaintiff, which are the institutions under the Plaintiff’s control, published the F Purchase Tender in March 2010, and published the F Purchase Tender in April 8, 201 and April 15, 2011 (hereinafter the above 2010 and the second F Purchase Tender in April 201 (hereinafter referred to as “instant tender”).

The main contents of the tender notice of this case and the tender notice of goods purchase presented in the process are as follows.

Notice of Origin Announcement

9. Nullity of a tender;

(a)Paragraph 4 of Article 39 (Submission, Receipt, and Invalidity of Tender) of the Presidential Decree, Article 44 (Invalidity of Tender) of the Enforcement Rule, and Article 12 of the Goods Purchase Declaration;

11. Other necessary matters for the tender.

(a) A person who intends to participate in an electronic tendering procedure shall fully be aware of the tender-related laws and regulations and tender-related documents (written intent to purchase a bid and a special certificate for the National Defense Electronic Procurement System) prior to the tender, and shall be responsible to the tenderer that he/she is not aware of.

A tender that is invalid under Article 44 of the Enforcement Rule of Article 12 (Invalidity of Tender) of a tender for purchase of goods and a tender that falls under any of the following subparagraphs shall be null and void:

4. 담합하거나 타인의 경쟁참가를 방해 또는 관계공무원의 공무집행을 방해한 자의 입찰 이 사건 입찰의 낙찰자 선정 방식 등 이 사건 입찰은 전 군을 4개 지역[1지역(강원도), 2지역(경기북부지역), 3지역(서울ㆍ경기남부지역), 4지역(그 외)]으로 나누어 같은 날 동시에 각 지역별 입찰을 실시하고, 각 지역별 낙찰업체와 계약을 체결하는 지역분할 단가제로 이루어진다.

An E institution shall conduct a preferential examination of the lowest bidder within the scope of the budget price from among bidders, and determine a person whose comprehensive reputation point (55 points of contract price = 100 points) is at least 95 points as a successful tenderer.