낙찰자지위확인 등 청구
1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. 1) On February 1, 2019, the Defendant: (a) on February 1, 2019, performed civil engineering works for repairing facilities and repairing facilities in the B district (hereinafter “instant construction works”).
(1) As to the notice of tender as follows (hereinafter referred to as the “first bidding procedure”). The bidding procedure by the public notice of tender was “the first bidding procedure”.
1. Outline of the tender;
(a) Tender name: Civil engineering works for repairing facilities and repairing projects in B district;
B. Construction period: the starting date from December 30, 2021 to December 30, 2021. The expected construction period of KRW 3,281,56,000 and the expected construction amount may be changed according to the budget allocation and project plan.
2. Bidding and contracting methods;
(a) The construction is subject to the qualification examination;
(Types of Business in question: Civil engineering work)
3. Opening of bids and determination of successful bidders;
C. The determination of a successful tenderer shall be based on Article 42 of the Enforcement Decree of the Act on Contracts to Which the State is a Party (hereinafter “Enforcement Decree of the State Contract Act”) and the detailed criteria for eligibility for construction of the Defendant’s facilities, and shall be based on the order of a bidder at the lowest price and shall be determined as a successful tenderer at least 95 points in total.
(e)the final successful bidder shall conclude an electronic contract within five days after receipt of the award notice.
9. Matters concerning the examination of qualifications;
A. The defendant's qualification examination is based on the detailed criteria for the qualification examination for the defendant's facility construction ( February 5, 2018).
(b) The company subject to the examination of qualifications shall notify the priority company individually taking into account the expected reputation, and the company so notified shall submit the documents of the examination of qualifications within seven (7) days of receipt of the notice, and the company which fails to submit the documents within the time limit shall be excluded from the awarded company;
10. The invalidity of a tender shall be governed by Article 39 of the Enforcement Decree of the State Contracts Act, Article 44 of the Enforcement Rule of the Act on Contracts to Which the State is a Party (hereinafter “Enforcement Rule of the State Contracts Act”), Article 20 of the Governmental Tender Execution Standards (Scope of Invalidity of Tender) and Article 15 of the Defendant’s Tender Notice.