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(영문) 서울행정법원 2014.09.04 2014구합4665
경쟁입찰참여자격제한처분등취소
Text

1. The plaintiffs' primary claims against the Administrator of the Small and Medium Business Administration and the defendant's claims against the Administrator of the Public Procurement Service.

Reasons

A. The Administrator of the Public Procurement Service

In fact, the Administrator of the Public Procurement Service related to the bid on May 31, 2013 (hereinafter “instant bid”) for the annual unit price contract L, 2013, with the tender announcement number L, 2013.

The main contents of the tender announced by the Administrator of the Public Procurement Service are as follows. The main contents of the tender are as follows: A joint supply and demand organization composed of small and medium enterprises that can be supplied by bidding classification within the scope of competition market (Public Notice No. 2012-146 of the Ministry of Small and Medium Enterprises Public Notice No. 201) or a small and medium enterprise cooperative that has conditions for participation in competitive tendering process open to small

As a member of a joint venture and a participating member shall meet all the following qualifications. (3) Any company that holds a “certificate of small, medium, and micro enterprises” under the Guidelines for the Confirmation of Small and Medium Enterprises and Persons with Disabilities (Notice No. 2012-1, Jan. 1, 2012, 2012) by not later than the date before the date of the bidding (open, Small and Medium Enterprises Certification). A person who falls under Article 8-2 (1) of the Act on Small and Medium Enterprise Products Sales Assistance shall not participate in this bidding, and if it is confirmed to be a relevant company after the conclusion of the contract, the company shall not be able to withdraw the contract and the assigned volume (Provided, That the association shall be limited to its members, and in the case of a joint venture, a person who caused the occurrence of the contract). The Plaintiffs participated in the bidding in the qualification of the member. Accordingly, the Administrator of the Public Procurement Service was awarded a successful bid in the bidding of this case by the end of the annual contract period of 2013 (hereinafter referred to as “K”).

AB concluded the agreement.

The Plaintiffs entered into the instant contract as a member of each association as above.

However, in 2012, Plaintiff H entered into a contract as a member of Q Cooperatives, but Q Cooperatives entered into the instant bidding in 2013, Plaintiff H.

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