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(영문) 대구지방법원서부지원 2016.11.18 2016가합51416
적격지위확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 25, 2016, the Defendant (the competent authority is the Daegu Regional Procurement Service) announced a public announcement of construction for the Daegu Educational University Library Extension Project (hereinafter “instant construction project”), such as the attached Form stating the estimated price of 3.88,4480,00 won (the estimated price is KRW 4,911,176,00) through the National Integrated Electronic Procurement System (hereinafter “Electronic Procurement System”) and the main contents as follows:

(1) The construction of this case is subject to the examination of qualifications. The construction of this case is subject to the examination of qualifications, and the criteria for the examination of qualifications are subject to the detailed criteria for the examination of qualifications for the construction of facilities of the Public Procurement Service (hereinafter referred to as the “standards for the examination of qualifications for convenience”). Sheet. The evaluation data on construction experience, management status, etc. shall be assessed on the basis of the data registered in the Electronic Procurement System by the day immediately before the closing date of the submission of tenders according to the criteria for the examination of qualifications. Accordingly, the bidding participants shall verify the accuracy of the examination data for qualifications stated in the system using the “self-performance of the procurement service facilities” function of the system and participate in the bidding.

B. Meanwhile, the instant bid is about construction works the estimated price of which is 3.884.8 billion won and competitive bidding other than competitive bidding based on performance results, and the main contents of the criteria for qualification examination applicable thereto are as follows.

(i) Criteria for assessment;

㈎. 적격심사의 공사규모별 세부평가기준 중 ‘추정가격이 50억원 미만 10억원 이상인 건축공사’의 평가점수 100점은 수행능력평가 30점과 입찰가격평가 70점으로 구성된다.

Among them, 30 points are 15 points for the evaluation of construction experience and 15 points for the evaluation of management performance. The evaluation of construction experience for the "competitive construction works other than competitive bidding based on the actual results" shall be based on the "amount of construction performance for the relevant construction projects for the last five years" (=the actual coefficient).

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