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(영문) 서울중앙지방법원 2018.11.07 2018가합534834
적격심사 대상자 지위 확인
Text

1. The Plaintiff is in the position of subject to qualification examination in the D’s project tender publicly announced by the Defendant on the C date.

Reasons

1. Basic facts

A. The Armed Forces Finance Co., Ltd. under the Defendant’s control (hereinafter “Defendant”) publicly announced the bid for D’s projects (hereinafter “instant bid”) with the date C-Dateed procuring entities as the Armed Forces Transport Headquarters.

The main contents of the announcement of this case are as follows.

2. Matters referred to the tender;

(a) Title: D;

F. Payment period/place: from the contract date to the contract date on December 31, 200 / nationwide

7. Method of determining a successful bidder;

(a) The capability of performing the relevant work shall be examined and determined in the order of an enterprise below the estimated price and reflected at the lowest price in accordance with the directives of the Ministry of National Defense concerning the criteria for qualification examination of general services;

8. Selection of successful bidders;

A. The examination of qualifications shall be conducted in accordance with the directives of the Ministry of National Defense concerning the criteria for the examination of general services of the Ministry of National Defense, and the criteria for evaluation shall be subject to the detailed criteria for the "services with an estimated price of at least three billion

(b) The evaluation base date following the examination shall be the public notice of tender;

However, if this case is re-public notice, it shall be the date of re-public notice, the date of the first public notice of tender in case of corrective notice, and the date of determination of successful bidders.

(c) Performance standards 1) Standards for evaluation of qualifications (20 points): Evaluation only at an amount - Services of equal or higher than the amount: The performance results of munitions (type 5) or explosives (the performance results of supplying chemical or explosives) within the latest five years;

B. In participating in the instant tendering procedure, the Plaintiff submitted “E” performance results for the same service as the instant tendering procedure (hereinafter “E performance results in 2017”), and the Defendant selected the Plaintiff as the subject of the qualification examination on March 7, 2018. However, on April 2, 2018, the Defendant submitted by the Plaintiff on April 2, 2018, on the ground that the performance results did not meet the requirements for the performance results under the “Direction of General Services of the Ministry of National Defense (Ministry of National Defense No. 2099, hereinafter “instant Directive”)”, which is the evaluation criteria for the qualification examination.

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