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(영문) 대구지방법원 2017.12.22 2016구합21567

부정당업자 입찰참가자격제한처분 취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is a company that engages in planning, designing, manufacturing, selling, and manufacturing of rolling stock and its parts, and planning, designing, manufacturing, establishing, and operating of the rolling stock and its ancillary business. 2) The Defendant is a local public enterprise established pursuant to Article 49 of the Local Public Enterprises Act and the Daegu Urban Railroad Corporation Ordinance.

B. 1) The Defendant concluded the instant contract with the Administrator of the Daegu Local Public Procurement Service pursuant to Article 5-2(2) of the Public Procurement Service Act (hereinafter “instant construction”).

The Administrator of the Daegu Local Public Procurement Service requested the conclusion of a contract regarding the contract, and the Administrator of the Supply Administration publicly announced the tender as follows (hereinafter “instant public tender announcement”).

1. Tender title: The name of the bid for the railroad platform : The name of the bid.

3. Qualifications for participation: He shall be a person who has the following qualifications:

(1) A company registered to participate in a tender as a manufacturer's product (number 10 - 10 - 10 - 252403201) on the National Integrated Electronic Procurement System (Bater) by the time the date of registration of participation in the bid for the bid pursuant to the provisions of the National Comprehensive Electronic Procurement System Registration Regulations. (2) A company which has completed the registration of participation in a tender as a metal structure and mold construction business (type of business 1440) under the Framework Act on the Construction Industry.

This tender is a performance restriction tender, and in case of participation in a tender, it shall submit an application for performance through the national forum by the deadline for submission of performance records.

Provided, That the documentary evidence of performance shall be submitted separately by the deadline for submission of performance records.

Joint contracts shall not be permitted.

5. The local government shall examine the method of selecting successful bidders (goods with an estimated price of at least one billion won) for the main bidding;