입찰참가자격제한처분취소
The defendant's disposition of restricting participation in bidding for three months against the plaintiff on September 6, 2019 shall be revoked.
The costs of lawsuit.
1. Details of the disposition;
A. The Plaintiff is a stock company established on October 13, 2004 for the purpose of data-related solution, software design, development, sale, and system integration.
B. On July 26, 2017, the Defendant announced the announcement: “The name of the publication”: “The definition of the pertinent PI Process No. Ltd. and requirements (hereinafter “instant business”); and the end-user institution: C Corporation, “The announcement was made.”
D Co., Ltd. (hereinafter referred to as “D”), E Co., Ltd. (hereinafter referred to as “E”), F Co., Ltd. (hereinafter referred to as “F”), and the Plaintiff constituted a joint supply and demand organization by concluding a joint supply and demand agreement, which set forth the investment ratio, etc. on September 11, 2017, to respond to the said bidding.
(hereinafter referred to as “the instant joint contractor”). Title of contract: Section B related PI and name of defined requirements: Amount of service contract for informatization strategic planning service: 10,848,50,000 won: Period of delivery of C Corporation: August 8, 2019: Contract Company: - Representative: 43.5% of D/ equity ratio - Contract: 34% of E/ equity ratio - Contract: 12.5% of equity ratio - Contract: 10% of equity ratio of Plaintiff / 10 of equity ratio.
C. As a result of opening the bids on February 7, 2018, the instant contracting body was designated as the first priority negotiation entity.
On August 8, 2018, the instant joint contractors entered into a service contract with the Defendant with the following content:
(hereinafter “instant contract”). D.
E around February 26, 2019, notified that he would withdraw from the instant joint contractors and the instant joint contractors and will suspend the work under the instant contract.
The inputs of the instant joint contractors were entirely dismissed until April 5, 2019.
On June 13, 2019, the Defendant terminated the instant contract. On the same day, the Defendant notified the Plaintiff of the restriction on participation in bidding pursuant to Article 27 of the Act on Contracts to Which the State is a Party (hereinafter “State Contract Act”).
E. On September 6, 2019, the Defendant: (a) Article 27(1)8 of the State Contracts Act; and (b) the former Enforcement Decree of the State Contracts Act (amended by Presidential Decree No. 30078, Sept. 17, 2019; hereinafter the same).