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1. The plaintiff's lawsuit against the Gangwon-do Office of Education in Gangwon-do shall be dismissed;
2. The plaintiff's defendant.
Reasons
1. Basic facts
A. On March 10, 2017, the Plaintiff is a company running rubber sheet manufacturing business, and on March 10, 2017, Article 7-2 of the Enforcement Decree of the Public Procurement Service Act (a contract with multiple suppliers) with the Public Procurement Service affiliated with the Defendant’s Public Procurement Service regarding plastic packing materials. (1) The Administrator of the Public Procurement Service may enter into a contract for supply with at least two contracting parties, where it is deemed necessary to satisfy the diverse demands of each end-user institution when purchasing demand commodities commonly required by each end-user institution pursuant to Article 5 (1) of the Act (hereinafter referred to as “contract with multiple suppliers”).
(2) Any person who intends to become a party to a contract with a multiple supplier shall meet qualifications for participation in a competitive bidding under Article 12 of the Enforcement Decree of the Act on Contracts to which the State is a Party
Provided, That a person who intends to become a party to a contract with a multiple supplier for competitive products among small and medium enterprises under Article 6 of the Act on Promotion of Purchase of Small and Medium Enterprise Products and Support for Development of Market Businesses shall meet the qualification for participation in competitive tendering procedures between small
(3) A party to a contract with a multiple supplier shall evaluate bidders' financial status, supply performance, etc. and be determined as a successful tenderer through price negotiations for persons meeting the standards determined by the Administrator of the Public Procurement Service in consultation
(4) Notwithstanding paragraph (3), if deemed necessary pursuant to the nature of contract, successful bidders shall be determined in the order of bidders whose ratio of bid amount to the estimated price prepared by demand commodities (in cases of a common standard, to prepare one), and may be the parties to a contract.
(5) The head of a procuring entity shall not less than the amount determined and publicly notified by the Administrator of the Public Procurement Service from contracting parties who have concluded a contract.