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. A corporate entity, the purpose of which is to produce, install, and sell sports facilities, partnership play platforms, etc., refers to a contract system under which two or more persons are parties to a contract so that an end-user institution can select the same or similar kind of goods in quality and performance efficiency, etc., if deemed necessary to meet the diverse demand of each end-user institution in purchasing goods commonly required by the Defendant and the Plaintiff on October 26, 2016 pursuant to Article 5(1) of the Act on the Procurement of Contracts between the Defendant and the Plaintiff and Article 7-2 of the Enforcement Decree of the Public Procurement Act.
When multiple suppliers enter into a contract, the contract shall be implemented by the means that the goods of the other party to the contract are registered on the national master procurement site, and if each procuring entity requests the delivery of registered goods, the other party shall supply the goods to the procuring entity in response to the demand for delivery.
(hereinafter “instant contract”) was concluded.
B. The Defendant terminated the instant contract on the ground that the Plaintiff failed to renew it despite the expiration of the period of validity of the direct production verification of the said union play, and thus, the Plaintiff was unable to implement the instant contract. On July 20, 2017, the Defendant restricted the Plaintiff’s participation in bidding for six months (hereinafter “Enforcement Rule of the Act on Contracts to Which the State Is a Party”); Article 27(1) of the Act on Contracts to Which the State Is a Party (amended by Act No. 14839, Jul. 26, 2017; hereinafter “State Contract Act”); Article 76(1)2(a) of the Enforcement Decree of the Act on Contracts to which the State is a Party; Article 76 and [Attachment 2] of the Enforcement Rule of the Act on Contracts to which the State is a Party (hereinafter “Enforcement Rule of the State Contract Act”).