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 July 2015, the Defendant, at the request of the Korea Education Research Information Institute (hereinafter “instant project”), published a tender on “B system construction” (hereinafter “instant tender”) (hereinafter “instant tender”), a quasi-governmental institution entrusted with execution-type quasi-governmental institution, and the Plaintiff, C, and D participated in the instant tender.
B. The public notice of the instant tender contains the following descriptions as to the applicable laws:
This contract is subject to the integrity contract system under the Act on Contracts to which the State is a Party (hereinafter referred to as the "State Contract Act").
- If a public official provides money, valuables, entertainment, etc. to the public official concerned, he/she will be subject to the restriction on participation of unjust enterprisers in bidding pursuant to the Enforcement Decree of the Act on Contracts to Which the State Is a Party (hereinafter “Enforcement Decree of the
- When any act interferes with fair competition, such as prior consultation on bid prices or collusion for a specific person's successful bid, I will be subject to a disposition of restriction on participation by improper businessman under the Enforcement Decree of the State Contracts
A person for whom two years have not passed since his/her conviction became final and conclusive under Article 27-5 of the State Contracts Act and Article 12 (3) of the Enforcement Decree of the same Act shall not participate in the tender.
This project is subject to Article 76 (1) 18 of the Enforcement Decree of the State Contracts Act subject to the prohibition of leakage of information.
If a successful bidder fails to conclude a contract by the fixed date, the bid bond shall be taken in accordance with Article 38 of the Enforcement Decree of the State Contracts Act, and the improper businessman shall be punished.
The contract bond and warranty bond for the announcement of this tender shall be governed by Articles 48-2 and 59 of the Regulations on the Handling of Home Purchase Affairs of the Government Procurement Service.
Tender falling under Article 39(4) of the Enforcement Decree of the State Contracts Act, Article 44 of the Enforcement Rule of the same Act, and Article 12 of the Notice of Tender for Services is void.
Tenders, successful tender, etc.