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(영문) 대구지방법원 2017.08.11 2017구합20806
이의신청 거부(반려)처분에 대한 취소소송
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. On October 21, 2015, the Plaintiff is a company that engages in the business of collecting and transporting household wastes after obtaining permission from the head of Daegu Metropolitan City-gu Gun for waste collection and transportation business under Article 25 of the Wastes Control Act.

B. On March 6, 2017, the Defendant: (a) determined the method of concluding a contract pursuant to Article 2017-18, 19, and 20 of the Seo-gu Seoul Metropolitan City public announcement of tender; (b) pursuant to Article 43 of the Enforcement Decree of the Act on Contracts to Which a Local Government Is a Party (hereinafter “Local Contract Act”); and (c) implemented the public announcement of tender for domestic waste collection and transportation services by proxy (hereinafter “instant public announcement of tender”) as follows:

The service name: The method of concluding a contract for the collection and transportation of domestic wastes by proxy (hereinafter “instant service”): Qualifications for participation in a contract by negotiation.

(a) A person who is qualified under Article 13 of the Enforcement Decree of the Local Contract Act and Article 14 of the Enforcement Rule of the same Act and a person who has obtained a license for waste collection and transportation business under Article 25 of the Wastes Control Act as of the date of public announcement (domestic wastes, business areas: autonomous Gu of Daegu Metropolitan City) and who can submit a permit document by changing the business area by the day preceding the date of public announcement

(b) Evaluation of proposals by a person who has secured at least five motor vehicles for at least five tons necessary for collecting and transporting wastes on the basis of the date preceding the submission of proposals and determination of potential concessionaires;

(a) An appraisal of proposals shall be conducted in accordance with Article 43 of the Enforcement Decree of the Local Contract Act and the standards for determining successful bidders at the time of a tender by a local government, and the items to be assessed and allocated

(d)to select a candidate firm subject to negotiations in the order of priority points for the evaluated points by conducting a comprehensive evaluation of technical capacity (80%) and price assessment (20%).

(h) Negotiation scope: Negotiations for technical proposals and price negotiations;

(i) Conclusion and performance of agency contracts: Within five days after a negotiation is held;

C. The Plaintiff, on March 9, 2017, provides the Defendant with the instant service.

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