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(영문) 서울행정법원 2019.07.19 2018구합81554
입찰참가자격제한처분취소
Text

1. The Defendant’s restriction period of a disposition restricting participation in bidding for one month against the Plaintiff on October 18, 2018 is October 26, 2018.

Reasons

1. Details of the disposition;

A. The Plaintiff is a stock company that runs an information and communications service business and an information and communications system integration business and maintenance business.

(b) The defendant shall request the Administrator of the Public Procurement Service to conclude a contract where the amount requested for contract, nature of contract, etc. meet the criteria prescribed by Presidential Decree in concluding a contract related to demand commodities or construction works.

Provided, That this shall not apply to cases prescribed by Presidential Decree, such as where it is impossible to request the conclusion of a contract due to inevitable reasons, such as natural disasters, or where it is inappropriate to request the conclusion of a contract due to the protection of national defense or national secrets,

(2) The head of an end-user institution may request the Administrator of the Public Procurement Service to purchase demand commodities and conclude a contract for construction even if not falling under paragraph (1).

Pursuant to the above, upon receiving a request from BAD to enter into a contract for “C” project, the Plaintiff entered into a service contract for information system maintenance and management services with the following content three times each year from July 4, 2014 to July 1, 2014 between the Plaintiff and the Plaintiff:

(However, with respect to the initial contract concluded on July 4, 2014, the amendment contract was concluded on January 2, 2015; hereinafter “instant contract”). The term “special engineer” in the General Service Agreement (including evidence No. 1 and number; hereinafter the same shall apply) prepared for the instant contract for D EF B means the former Act on Contracts to Which the State is a Party (hereinafter “State Contract Act”) subject to the prohibition of leakage of information.

(2) Enforcement Decree (amended by Presidential Decree No. 27475, Sept. 2, 2016; hereinafter the same applies)

(i) Articles 76(1)18 and 76(1) of the Act.

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