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(영문) 서울행정법원 2016.02.26 2015구합57918
입찰참가자격제한처분취소
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. The Plaintiff, a company running an information and communications facility management business, a new technology development business, and an information and communications construction business, etc. for the system, organized four companies (hereinafter “Plaintiff consortium”) and joint contractors (hereinafter “Plaintiff”) and participated in the bidding of “A business services” (hereinafter “instant maintenance business”) publicly announced on December 11, 2014 by the Defendant.

B. The Plaintiff consortium submitted a proposal stating 151 human resources to be invested in the instant project in the tendering procedure (hereinafter “instant proposal”) and documentary evidence regarding the said human resources. Among them, the written consent to the entry of B, C, D, E, and F, G, H’s employment certificate, and the “general list of inputs (Evidence No. 20)” indicated as the inputs of the said seven persons, and the “matters concerning the history of inputs (Professionals)” (Evidence No. 6-1) indicated as the inputs of the project manager (PM) (hereinafter “instant documents”).

C. On December 30, 2014, the consortium was selected as the priority negotiation subject of the instant project.

On December 31, 2014, the SPS Co., Ltd. participating in the instant bid (hereinafter “SP”) asserted that the written consent or certificate of employment submitted by the Plaintiff’s consortium against the State is forged or false documents, and filed an application for provisional disposition such as the prohibition of concluding a contract.

(Seoul District Court 2014Kahap50283). On February 17, 2015, the Daejeon District Court contains a majority of the human resources not consenting to membership in the instant proposal, and where the instant proposal was made fraudulently or falsely, it constitutes grounds for invalidation of the decision of priority negotiation subject, the Defendant and the Plaintiff consortium may not enter into a contract on the instant project.

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