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(영문) 수원지방법원 2019.05.02 2018구합73110
입찰참가자격제한처분취소
Text

1. Of the instant lawsuit, the Defendant posted limitations on the National Integrated Electronic Procurement System on December 3, 2018.

Reasons

1. Details of the disposition;

A. On September 27, 2018, the Defendant announced the announcement of the tender as follows (hereinafter “instant announcement of tender”).

1. Matters referred to the tender;

(a) Title of service: C;

(b) Service period: from the commencement date to December 31, 2018;

(c) Details of services: A fact-finding survey on parcels of the administrative property B,734;

D. Basic amount of KRW 100 million (i.e., value-added tax of KRW 90,90,090 on an estimated price of KRW 90,90,910)

(e) An end-user institution: B;

2. Bidding and contracting methods;

(a) The services are the total tender, limited competition (small and micro enterprises, regional restrictions) and the services subject to examination of qualifications for which no calculation sheet is attached to the tender;

3. Date and time for bidding registration and bidding;

(a) Period for submitting tenders: 10:00 from September 28, 2018 to October 8, 2018;

(b) Date and time and place of opening: Accounting of 11:00 B on October 8, 2018 and PC for tender execution officers;

8. Projected price and method of determining successful bidder;

(d) A person selected as a person subject to the evaluation of an eligible enterprise shall submit the original of the evaluation document of the eligible enterprise within seven days from the date of receipt of the notification in accordance with the evaluation criteria, and the person who submits and fails to submit the document in an unlawful manner

B. In accordance with the public announcement of the instant case, the Plaintiff reflected the amount of KRW 87,759,700 in the service amount on October 8, 2018.

C. As a result of opening, the Defendant sent to the Plaintiff Co., Ltd. D (person subject to the first-class eligibility examination), the Plaintiff (person subject to the second-class eligibility examination), and the Plaintiff Co., Ltd. (person subject to the third-class eligibility examination), the amount of which was invested in KRW 87,83,000 on October 10, 2018, the Defendant notified the subject of the first-class eligibility examination (person subject to the third-class eligibility examination) of “within seven days (within seven days from the date of being notified of the documents on the eligibility examination (within 23:59, Oct. 17, 2018) to the head of the State (G2B).”

On October 12, 2018, the Plaintiff sent to the Defendant an official document stating that “The submission of qualification documents shall be conducted after review as to the waiver of the submission of qualification documents due to the inevitable circumstances of the party affairs, and the time for the week shall be the time for the presentation of qualification documents” (hereinafter referred to as “instant waiver”), and then the qualification examination document is written.

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