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(영문) 서울중앙지방법원 2019.04.11 2018가합526352
낙찰자지위확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

(a) Announcement, etc. of tender by the Armed Forces and Finance Management Body;

2. Matters referred to the tender;

(a) Title: C;

(g) Type of contract / Method of determining a successful tenderer: Total contract / Examination of qualifications;

8. Selection of successful bidders;

A. The examination of qualifications shall be conducted based on the Ministry of National Defense’s directives on the criteria for the examination of qualifications for goods of the Ministry of National Defense, and the criteria for evaluation shall be subject to the detailed criteria for the examination of qualifications

(c) Standards for evaluation of qualifications (10 points: Goods whose results of supply are appraised as the amount of goods supplied within the latest five years: The results or similar goods supplied with heating and cooling equipment of not less than 160 tons: The results of supplying heating and cooling equipment of not more than 160 tons;

(e) A successful tenderer who has tendered at least 95 points in total as a result of the qualification examination shall be determined as a successful tenderer;

11. Other necessary matters concerning the tender.

(a) A participant shall be aware of all matters necessary for the tender, such as specifications, specifications, contract special conditions, and instructions on the criteria for the examination of goods of the Ministry of National Defense in [Attachment Table] on the National Defense Electronic Procurement System (www.d2b.go.r.), and shall participate in the tender, and shall be responsible for the failure to meet the requirements.

1) On February 22, 2018, at the request of D military headquarters purchase, the Defendant’s Armed Forces Finance Management Group bid for “C” (hereinafter “C”) with the announcement number B on February 22, 2018.

(2) The Plaintiff participated in the instant tender and was selected as the subject of the first priority examination on March 2, 2018, and the same month.

9. The Armed Forces and Finance Management Body submitted to the Armed Forces and Finance Management Body a certificate of supply performance within the last five years as evidentiary data related to the examination of qualifications.

B. On April 9, 2018, the Defendant notified the Plaintiff of the lack of qualification on the ground that the comprehensive plane point was less than 93.14 points as the result of the qualification examination, and that the standard score was less than 95 points. 2) The Plaintiff requested a reexamination of qualification examination on April 11, 2018, and the Defendant submitted the Plaintiff’s performance results to the Plaintiff on April 16, 201.

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