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(영문) 서울고등법원 2017.11.29 2017나2045163
계약자 지위 확인
Text

1. The plaintiffs' appeals against the defendants are all dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Reasons

1. Basic facts

A. The public notice of tender for the service project related to the public notice of tender on December 15, 2015 at the time when the defendant is permitted (emergency)

1. Service outlined period: From the commencement date to December 31, 2018 (long-term continuation of business for three years);

3.The qualification under Article 13 of the Enforcement Decree of the Act on Contracts to Which a Local Government of Qualifications for Participation in Tender Is a Party shall be maintained until the date of the tender (the date of concluding a contract for a successful bidder).

An enterprise which has obtained a license for interim waste disposal business or general waste disposal business or interim waste recycling business under Article 25 of the Wastes Control Act (Provided, That it shall be food wastes subject to such business);

(b) An enterprise with a permitted food waste treatment capacity of at least 90 tons/day (based on eight hours a day) and with a disposal facility (based on eight hours a day in total at least 600 tons/day in co-supply, and eight hours a day), and an enterprise that can treat our food waste on a daily basis 50 tons/day;

(c) A person whose distance is not more than 80km on the basis of high-forest dynamic transshipment;

5. The service is subject to the qualification examination for bidding and the method of award, and the qualification examination shall be subject to the Gyeonggi-do criteria for the qualification examination for food waste treatment services (No. 201-715 of the Gyeonggi-do Public Notice) [services 300 million won or more].

A person subject to examination of qualifications shall submit to us the original document of examination of qualifications in accordance with the criteria for determining successful bidders (Ordinance of the Ministry of the Interior No. 19, April 10, 2015), and the criteria for examining food waste treatment services in Gyeonggi-do, within seven days from the date of receipt of notification (open inspection).

A successful bidder shall be assessed in accordance with the detailed criteria for the examination of qualifications for food waste treatment services in the order of an enterprise that has reflected a bid price below the estimated price (87.745%), which is below the estimated price (87.75%), and a person whose evaluation score is at least 70 points by reserving the application of appropriate items of wastewater discharge pursuant to the Ordinance of the Ministry of Environment-91 (1.9. 9. 201).

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