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(영문) 서울행정법원 2019.04.19 2018구합76774
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 is a juristic person established on October 2, 2006 and engaged in the manufacturing business of steel structures, special paints of pressure vessel parts, manufacturing business, etc.

B. On August 1, 2017, the Defendant announced a public announcement of the tender for the Category C (Purchase) of the Transition Period Parts (Purchase). When the said tender was not submitted as a bidder’s source, the Defendant revised the same content as that of the tender as indicated below on the 10th of the same month and issued a public announcement of re-tender (hereinafter “instant tender”).

The main contents thereof are as follows:

1. On August 16, 2017, 14:00 E 31910 on August 16, 2017, 31311, 31312 (Unmanned Aircraft and Unmanned Aircraft Manufacturing Business), and 25200 (Inorganic Aircraft and Unmanned Aircraft Manufacturing Business) EA on August 17, 2017, as of the date of opening of industrial classification units (purchase), defense/standard 15,487 total goods qualification examinations of 14:0 E 3190 on August 16, 2017;

2. Bidding method: Electronic tendering procedure; 12. Other matters necessary for tendering procedure;

(a) A person who intends to participate in an electronic tendering procedure shall be fully aware of the tender-related laws and regulations and tender-related documents (written intent to purchase goods (manufacture), tender-related documents, and special note for the F system electronic tendering), and shall be fully aware of the bidder's liability that is not familiar with.

(c) allow a person to participate in the tender to peruse standards, lists, and a written determination of procurement (special terms of contract, such as performance of the contract/quality guarantee/price payment/liability) prior to the application for participation, and to carefully determine whether it is possible to perform the contract, etc. of the person, and to determine the time for participation in the tender.

The date of commencement and completion of the contract: The time of reference to the judgment of the decision of the procurement.

Provided, That if the period of administrative requirements is excessive due to the qualification examination, etc., the contract payment period may be adjusted within the scope of administrative requirements.

(k)before tendering various performance tests requirements on specifications;

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