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(영문) 서울행정법원 2017.04.21 2016구합70543
입찰참가자격제한처분취소
Text

1. The Defendant’s disposition of restricting the participation in a tendering procedure for three months against the Plaintiff on July 19, 2016 is revoked.

2...

Reasons

1. Details of the disposition;

A. On June 18, 2015, the Plaintiff is a separate tender for technology and price based on Article 18(3) of the Enforcement Decree of the Act on Contracts to Which the State of the 2-stage competitive bidding is a Party, with a price-based technology and price-based technology and price-based price-based tender for one meter, which is conducted by the Navy headquarters on June 18, 2015. Only those determined as qualified as a result of opening the technology and price bid at the same time, shall be conducted by opening the price bid.

(hereinafter referred to as the “instant tender”) participated in and submitted a proposal and a prototype on damp divings at a distance of one meter, and was determined as an eligible person for technical tender through a prototype show held from July 13, 2015 to July 15, 2015, and was subsequently selected as a final successful bidder through the opening of the price bid held thereafter.

B. On July 29, 2015, the Plaintiff entered into a purchase contract between the Navy headquarters and the Plaintiff’s “100 knive diving clothes 100 kives perm” with the Navy headquarters until October 25, 2015, under which 22,94,540 won is to be paid in return for supplying it to the Navy headquarters (hereinafter “instant contract”).

C. After doing so, the Plaintiff produced 100 m damp divings (hereinafter “instant diving”). However, on March 29, 2016, on the ground that “The physical nature of the instant divings, such as the seal strength, etc., differs from that of a prototype submitted by the Plaintiff to the Navy headquarters, the Plaintiff was determined not to undergo an inspection three times on three occasions, and notified the cancellation of the instant contract to the Navy Headquarters on March 24, 2016, while failing to deliver the diving uniforms to the Navy headquarters, on the ground that “The instant contract was rescinded by the Plaintiff’s waiver of the contract on March 24, 2016.”

On July 19, 2016, the defendant issued sanctions against the plaintiff at the Maritime Headquarters.

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