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(영문) 서울행정법원 2016.05.27 2015구합76506
입찰참가자격제한처분취소
Text

1. The Defendant’s disposition of restricting participation in bidding for one year against the Plaintiff on October 6, 2015 is revoked.

2...

Reasons

Details of the disposition

The plaintiff is a company engaged in fire-fighting system design and supervision business, fire-related investigation and human life safety consulting business, and the defendant is a public institution (market-type public corporation) to which the Act on the Management of Public Institutions (hereinafter "Public Institutions Act") applies as a corporation established pursuant to the Korea Airports Corporation Act for the purpose of efficient construction, management and operation of airports.

1. On December 19, 2014, 200: 10:0 on December 23, 2014, 201:20 8,564,032,922 won (including VT) from January 23, 2014 to December 23, 2014;

6. Methods of determining successful bidders:

(a) The company whose comprehensive score is at least 85 points shall be determined as the successful tenderer in order of low-price among bidders below the estimated price of this tender, and if the same price is at least two bidders, the person whose highest score as the result of the examination of qualifications shall be the successful tenderer, but if the results of the examination of qualifications are the same, the successful tenderer shall be determined by lot.

7. Examination of qualifications and occupational explanation;

(a)The examination of qualifications shall be conducted on the basis of the detailed criteria for the examination of qualifications for such services;

(c) A person subject to examination of qualifications shall submit documents requested by the Corporation within five days from the date of receipt of the notification.

On December 15, 2014, the Defendant issued an emergency public notice on the bidding of “entrusted management services for the fire-fighting and rescue of the Gimpo Airport” (hereinafter “instant services”), and the main contents thereof are as follows:

The Plaintiff participated in the instant service bidding. On December 23, 2014, the Defendant selected the Plaintiff as the subject of the qualification examination and notified the Plaintiff of relevant data, including the certificate of service performance, by December 29, 2014.

On December 29, 2014, the Plaintiff is classified into “self-evaluation and examination table of qualification,” and “items,” to the effect that his/her comprehensive deliberation point constitutes 85.65 points for the Defendant.

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