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(영문) 광주지방법원 2016.01.28 2014구합12093
입찰참가자격제한처분취소
Text

1. The Defendant’s disposition of restricting the participation of unjust enterprisers against the Plaintiff on December 9, 2014 is revoked.

2...

Reasons

1. Basic facts

A. The Plaintiff is a company that engages in the interim construction waste disposal business, etc. as its intended business.

B. On May 9, 2014, the Defendant, a summary of the tender for new construction works of coastal passenger terminals and the tender for waste disposal services, issued a bidding (hereinafter “instant bidding”) on the 354,000,000 won of the total project cost for the instant service, and the bid method applies the service standards of less than KRW 50,000,000,000 of the total project cost; and the bid method applies the service standards of less than KRW 20,000,000,000 to the criteria for the evaluation of eligible companies for construction waste disposal services (public notice of the Ministry of Environment); and as a result, the minimum of the bid price is lower than the estimated price (86.745% of the successful bidder’s bid price).

C. The Plaintiff submitted the Plaintiff’s bidding-related documents 1) As a result of the Plaintiff’s opening of the instant bidding, the Doel Environmental Industry Co., Ltd. was first, second, second, third, and third, third, the Plaintiff bid. The Defendant appointed the Doel Environmental Industry and the Plaintiff as the subject of the qualification examination and notified the said subject of the submission of the documents related to the qualification examination by May 22, 2014. 2) Accordingly, the Doel Environmental Industry was self-evaluation of the lack of the eligibility subject score, and submitted the waiver of the qualification examination document stating that “the qualification examination score falls short of the qualification examination score” to the Defendant, and the Plaintiff submitted the waiver of qualification examination document stating “the construction waste intermediate disposal facility’s PES, first, second, second, and second, third, third, third, and second, third, and third, new technology of the instant new technology (hereinafter “new technology”).

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