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(영문) 서울행정법원 2017.04.20 2017구합50751
부정당업자 입찰참가자격제한처분 등 취소
Text

1. The Defendant limited to the disposition of suspension of transactions of superior products contract made on December 27, 2016 against the Plaintiff on December 27, 2016, and on January 3, 2017.

Reasons

1. Details of the disposition;

A. The Plaintiff is a company that manufactures and sells concrete products, installs a retaining wall block, etc.

B. The Plaintiff filed an application for designation of excellent products with respect to the block with a retaining wall (hereinafter “instant block”) on the ground that it obtained performance certification by the Small and Medium Business Administration and eco-label of the Ministry of Environment, and the Defendant designated the instant block as an excellent product pursuant to Article 9-2 of the Procurement Business Act on April 20, 2012 and Article 18 of the Enforcement Decree of the same Act.

C. The Plaintiff entered into a negotiated contract with the Defendant for excellent products that supply the block of this case under the proviso of Article 7(1) of the Act on Contracts to Which the State is a Party (hereinafter “State Contracts Act”), and Article 26(1)3 (f) of the Enforcement Decree of the same Act (hereinafter “instant excellent products contract”), and supplied the block of this case to the procuring entity by entering into a negotiated contract with the Defendant for the supply of the block of this case under Article 5(1) of the Procurement Act and Article 7-2 of the Enforcement Decree of the same Act (hereinafter “instant multiple suppliers contract”). After entering into a contract with the Defendant for the instant excellent products and the instant multiple suppliers contract with the instant multiple suppliers, the Plaintiff registered the instant block in the national integrated electronic procurement system, and supplied the instant block to the procuring entity demanding supply through the national master shopping mall.

Article 22(1) of the condition attached to the purchase of goods (manufacture) agreement attached to the contract of this case provides that "where a contracting party falls under any of the following subparagraphs, a transaction in a comprehensive shopping mall may be suspended for a period of not less than one month but not more than 12 months," one of them refers to "where a contracting party makes a false, improper, or unlawful act in the performance of the contract (Article 9)" (Article 22(1).

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