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(영문) 대전고등법원 2020.01.30 2018누13351
입찰참가자격제한처분취소
Text

1. The part of the judgment of the first instance against Plaintiff B and C shall be revoked.

2. The Defendant on November 29, 2017.

Reasons

1. Basic facts;

A. The plaintiffs (hereinafter referred to as "Plaintiff A", "Plaintiff B", and "Plaintiff C", respectively, are abbreviated as "Plaintiff C", respectively.

A) Companies manufacturing and selling fire fighting uniforms and fire fighting equipment, etc., and the Defendant shall carry out the government’s administrative affairs (excluding munitions) among the national administrative affairs.

In order to take charge of the affairs related to the purchase, supply, and management of goods and the affairs related to the major facility construction contracts of the government, the head of the agency D which is a central administrative agency established under the Government Organization Act (see Article 27(7) of the Government Organization Act). 2) The Plaintiffs completed the registration of qualification for participation in the purchase of goods such as male lighting, etc., and concluded a contract with multiple suppliers that supply the relevant goods to the demanding administrative agency by participating in the purchase tender for goods such as fire fighting containers and uniforms

multiple suppliers contract means a contract of supply with at least two parties to a contract where the head of the D agency (Defendant) deems it necessary to satisfy the various needs of the procuring entity when purchasing demand commodities commonly required by each procuring entity pursuant to Article 5(1) of the Procurement Business Act, and where it is deemed necessary to satisfy the diverse demands of the procuring entity, such as quality, performance, efficiency, etc., to allow the procuring entity to select the same or similar kind of demand commodities

(Article 7-2(1) of the Enforcement Decree of the Government Procurement Act. Around 2016, the Defendant made a public announcement of the purchase of E in the form of a contract with multiple suppliers on five kinds ( female strings, male working clothes, female working clothes, female strings, male strings, female strings), and the fire-fighting container and male strawings, and other five kinds ( female strings, male working clothes, female strings, and male strings). The Plaintiffs participated in the said bidding and participated in the bidding, and the contract with three multiple suppliers (the first, revised, and final) from April 7, 2016 to June 1, 2017, and Plaintiff B from March 28, 2016 to June 1, 2017.

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