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(영문) 인천지방법원 2018.04.06 2017가합51845
입찰무효확인 등 청구의 소
Text

1. Of the instant lawsuit, the part of the claim seeking confirmation of invalidity of the private outsourced management service tender of sewage treatment facilities.

Reasons

1. The basic facts

The National Armed Forces Central Contract Official (the Act on Contracts to which the State is a Party (hereinafter referred to as the “State Contract Act”).

On January 28, 2014, the Minister of National Defense or the Administrator of the Defense Acquisition Program Administration, pursuant to Article 6(1), announced the “tender for private entrusted management services of sewage treatment facilities” in 2014 (hereinafter “instant bidding”) as follows: (a) the Ministry of Land, Infrastructure and Transport publicly announced the criteria for evaluation of qualification for the selection of successful bidders; and (b) “the standards for evaluation included in the above specifications for private entrusted management services of sewage treatment facilities in 2014” (hereinafter “the criteria for evaluation”).

The date and time of bidding: - Notice of tender: 11:00 on February 5, 2014 (number): service period/place: from March 1, 2014 to February 28, 2017 - General competition (qualification examination): Contract type: General competition (including value-added tax): Total budget amount: 34,186,503,460). - Method of determining successful bidder: Gu’s method of determining successful bidder: Pursuant to Article 42(1) of the Enforcement Decree of the State Contracts Act, Article 42(1) of the former Directive on the Standards for General Service Qualification of National Defense (amended by Ministry of National Defense No. 1755, Dec. 31, 2014; hereinafter “instant Directive”).

- The criteria for allocation of points necessary to determine a successful tenderer shall be determined as a successful tenderer in the order of the business entity that reflected the lowest price below the estimated price in accordance with the order of the business entity that reflected the lowest price. - The criteria for allocation of points necessary to determine a successful tenderer shall apply the detailed criteria for assessment of “services with an estimated price of at least 1,00,000,000.” The criteria for assessment of technical capacity shall be determined as a successful tenderer who tenders at least 85 points in general at the comprehensive level as a result of the examination of technical capacity, referring to the attached files presented in the notice: A copy of documents for registration of management business of private sewage treatment facilities, joint contract documents (the time of joint contract), tender bond (the letter of contract for the entrusted management service of

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