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(영문) 서울고등법원 2019.10.23 2019누40651
입찰참가자격제한처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the Plaintiff’s addition of the following determination as to the assertion at the court of first instance, and thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of

2. Additional determination

A. The Plaintiff’s assertion from the two-stage project proposal presentation data (Evidence A No. 8) to the general PM for the project, and the F to the PM for the two-stage project is nothing more than introducing the idea that when the Plaintiff is selected as the priority negotiation object, D would make a proposal to participate in the entire project of this case as a general PM for the project of this case. The Plaintiff’s intent is to put D as the PM for the two-stage project, and thus, it is not false to describe D as the PM for the two-stage project.

In addition, the statement that D is participating in the instant proposal by 100% as the PM of the second phase project, is a proposal for the next second phase project implementation, and the PM of the instant first phase project is changed from D to another person. Thus, even if D was entered in the instant proposal in the second phase PM (100%), it cannot be deemed that it is a statement different from objective facts.

B. In full view of the following facts: (a) No. 2 (detailed criteria for the evaluation of proposals by negotiation with the Government Procurement Service) and the written evidence No. 7, “assessment of proposals” refers to a comprehensive evaluation of the technical ability of proposals submitted according to the evaluation items (Article 2); (b) separate provisions for evaluation items of proposals and allocation limits (Article 9); (c) whether a presentation of proposals is conducted or not are selective (Article 11(5)); and (d) the evaluation of proposals by a participating company are written proposals submitted.

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