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. The Plaintiff is a corporation that runs the information and communications business, software development business, etc., and the Defendant is a party to a local government law (hereinafter “Local Contract Act”).
(1) The head of a local government may delegate or entrust all or part of its affairs to an accounting official under the Local Accounting Act, the head of a central administrative agency, the head of another local government, or a specialized institution prescribed by Presidential Decree, if deemed necessary to perform his/her affairs related to contracts, except as otherwise provided for in other statutes.
Pursuant to this paragraph, the head of a central administrative agency who is a local government shall be delegated with contracting affairs concerning the entire project of this case as follows:
B. Around May 2017, the Defendant publicly announced the purchase bid according to the written request for a tendering proposal (Evidence A No. 4) regarding the “C Project (Stage 1)” (hereinafter “Stage 1 Project”) prepared by the local government that is a procuring entity.
On July 6, 2017, the Plaintiff participated in the tender publicly notified by the Defendant and was selected as a priority negotiation subject, and entered into a service contract with the Defendant for the performance of the first phase project.
C. On October 2017, when the Plaintiff was performing the first phase project, the Defendant published a bid for purchase pursuant to the written request for a bid for the “C business (stage 2)” prepared by the local government that is a procuring entity, which is a procuring entity, (hereinafter “stage 2”). The Plaintiff participated in the said bidding, and announced a presentation for the evaluation of the results held by the Defendant on November 7, 2017. On November 2, 2017, the Defendant was selected as a priority negotiation subject for the first phase project. < Amended by Presidential Decree No. 28420, Nov. 2, 2017>
(hereinafter referred to as "the entire project of this case". (d) A series of projects consisting of the first phase and the second phase projects.
A proposal submitted by the plaintiff to the defendant for the second stage project.