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(영문) 청주지방법원 2017.07.20 2016구합11891
입찰참가자격제한처분취소
Text

1. The Defendant’s disposition of restricting the participation of unjust enterprisers against the Plaintiff on August 24, 2016 is revoked.

2...

Reasons

1. Details of the disposition;

A. On March 22, 2016, the public notice of the Cheongju-si published “the computation of losses from the operation of urban buses” (hereinafter “instant service”) as an electronic bid to provide services by an external accounting firm with respect to the validity of the financial support, due to the issue of the payment of excessive financial support to urban bus companies, and the public notice of the Cheongju-si’s announcement of “the calculation of losses from the operation of urban buses” (hereinafter “instant service”) was as follows.

Notice of Electronic Tender for Services (Urgent)

1. Matters referred to the tender;

(a) Name of service: The service of calculating the amount of operational losses of urban public buses; and

(b) Scale: City bus routes; and

(c) Project costs: 5,500,000 won; and

(d) Basic amount: 5,500,000 won (including value-added tax);

(e) Period of operations: 150 days from the commencement date.

7. Preparation of estimated prices and determination of successful bidders;

(a)the estimated price shall be determined by taking an arithmetic mean of the greatest of the four reserve prices selected by each company participating in the tender within the limit of 【15 multiple reserve prices within the limit of 3 per cent of the basic price, and shall be examined in the order of persons who have submitted the lowest price of at least 87.745 per cent of the estimated price among persons who have submitted the tender below the estimated price, and

B. The criteria for the examination of qualifications for general services of Chungcheongbuk-do (No. 2016-146, February 11, 2016), shall be determined as the successful bidder of the person whose comprehensive score is at least 95 points after the examination of qualifications under the provisions of the detailed criteria for the examination of qualifications for general services of Chungcheongbuk-do.

8. Inspection of qualification criteria and tender documents;

(c)The participants shall fully be aware of all the requirements for the tender, such as terms and conditions of the general contract, bid documentation, national comprehensive electronic procurement system tender documentation, special bid documentation, business instruction, and (Omission) and comply with the tender, and any disadvantage that has occurred due to the failure to be aware of it shall be borne by the participants;

B. Meanwhile, the main contents of the task instruction (No. 4, hereinafter “instant task instruction”) to be performed by tender participants according to the above notice are as follows.

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