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(영문) 서울행정법원 2019.05.30 2018구합90114
부정당업자 입찰참가자격제한처분 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’s status is a company with the purpose of manufacturing and selling uniforms and lectures for waterworks.

B. According to Article 7-2 of the Enforcement Decree of the Government Procurement Act (hereinafter “Government Procurement Act”), the Defendant: (a) the meaning of a contract with multiple suppliers on clothes lecture, etc., as follows: (b) multiple suppliers contract refers to a contract with multiple suppliers where the Administrator of the Public Procurement Service deems it necessary to satisfy the diverse demands of the procuring entity when purchasing demand commodities commonly required by each procuring entity pursuant to Article 5(1) of the Government Procurement Act; and (c) where the Administrator of the Public Procurement Service deems it necessary to purchase demand commodities that are identical or similar to quality, performance, efficiency, etc., to allow the procuring entity to select demand commodities that are equal or similar to quality, performance, efficiency, etc.; and (d) supply contract with at least two parties to the contract.

Article 7-2 (1) of the Enforcement Decree of the Government Procurement Act (Article 7-2 (1) of the Enforcement Decree of the Government Procurement Act). Procedures for concluding contracts with multiple suppliers: (1) Public notice of bid for purchase [Article 7 of the Regulations on the Handling of Contracts with Multiple Suppliers (Article 1809 of the Government Procurement Service Directive)] (2) Submission of an application for evaluation of eligibility, etc. and selection of eligible persons (Article 9) (3) Submission of Price Data (Article 12). (4) Determination of the negotiation standard price (Article 14) after consideration of price data. (5) Conclusion of a contract with multiple suppliers and determination of eligible persons to be supplied with demand for purchase (Article 15). (2) Determination of eligible persons (Article 17) of a contract for multiple suppliers and a comprehensive shopping mall (Article 17). If the head of a procuring entity intends to purchase demand in excess of the amount determined and publicly notified by the Administrator of the Public Procurement Service after consultation with the Minister of Strategy and Finance, he/she shall require

(Article 7-2(5) of the Enforcement Decree of the Government Procurement Act.

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