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(영문) 광주고등법원 2016.08.26 2015나15022
적격심사대상자지위확인
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The public announcement of the instant case where persons subject to the instant public announcement and qualification examination are selected;

1. Construction name: The Gwangju Southern Regional Headquarters in 2015;

6. Bidding and opening of bids;

(e) the closing date of the bidding: Submission of a letter of performance of the integrity agreement on May 19, 2015;

B. All enterprises participating in the bidding are deemed to have submitted a letter of integrity contract performance to the relevant employees without providing the relevant employees with unjust benefits, such as money and valuables, entertainment, etc. in the course of bidding, contract, and performance of contract based on mutual trust, and the enterprise selected as a successful bidder shall separately submit a letter of integrity contract performance to the representative of the enterprise, and the other party to the contract shall agree and comply with the covenant of integrity contract performance as it is, when concluding the contract, the other party to the contract shall separately submit the letter of integrity contract performance.

Article 3-2 (Standards for Determination of Participation Qualification) (1) The determination of participation qualification based on the registration performance record, etc. under Articles 12 and 21 of the Enforcement Decree (Enforcement Decree of the Act on Contracts to which the State is a Party) shall be based on the closing date for receipt of application documents for participation in bidding under Article 40 (4) of the Enforcement Rule (hereinafter referred to as the “ closing date for registration of participation in bidding”), and the participation qualification shall continue by the closing date for submission of tender documents

(3) Where a tender participant is subject to a disposition of suspension of business, he shall determine his qualification for participation in accordance with the criteria for disposal under the related Acts and subordinate statutes, such as the Framework Act on the Construction Industry, and where the tender participant is subject to a disposition of suspension of participation in the tender under

Article 22 (Restrictions on Qualifications for Participation of Unjust Enterprisers in Tender) (1) Where a bidder or successful bidder falls under the provisions of Article 15 of the Rules on Contracts Affairs, one month shall be applicable.

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