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(영문) 서울행정법원 2016.09.23 2016구합58611
부정당업자 입찰참가자격 제한처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a company with the objective of processing, selling and constructing stone, and the Defendant is a local public enterprise established pursuant to Article 49 of the Local Public Enterprises Act and the Seoul Special Metropolitan City Ordinance on the Establishment and Operation of SH Corporation.

B. On July 11, 2014, the Defendant announced a public announcement of the “A District Urban Development Complex Construction Work, the purchase of natural stone stone stone in the site of urban development projects,” and the main contents are as follows.

(hereinafter referred to as “instant tender”. 7. The method of determining a successful tenderer; 7. This bid is determined as a successful tenderer, among competing products among small and medium enterprises, by examining the capabilities of performance of the contract at least 88 points in the highest price (87.95%) in the order of bidders in the lowest bid price ratio (87.95%), which is below the estimated price pursuant to the detailed criteria for the examination of the capabilities of performing the purchase of goods among competing products (No. 2013-61, 2013. 27. 201

10. The standard of evaluation of the ability to perform the contract shall be examined based on the "tenders for purchasing competitive goods between small and medium entrepreneurs with an estimated price of less than one billion won" under Article 4(1) of the Public Notice of the Small and Medium Business Administration (Notice No. 2013-61, Dec. 27, 2013).

11. A person subject to the examination of the ability to perform the contract and the examination of the deadline for the conclusion of the contract shall submit relevant documents specified in Article 3 (2) of the detailed criteria for the examination of the ability to perform the contract concerning the purchase of goods among competing products open only to small and medium enterprises within seven days from the date of receipt of a request for submission or notification, and a successful tenderer shall conclude a contract within ten days from

C. The Plaintiff bid at the lowest price in the bid price ratio in accordance with Article 7 of the above public announcement of tender, and became a person subject to the examination of the ability to perform the contract, and submitted documents to the Defendant for the examination of the ability to perform the contract.

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