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(영문) 전주지방법원 2021.01.20 2020가합2860
낙찰자지위확인 등
Text

The plaintiff's primary and conjunctive claims are all dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in the entries in Gap evidence Nos. 1 and 2, taking into account the whole purport of the pleadings:

2. A contract by negotiation in accordance with the standards for determining a successful tenderer at the time of a tender by a local government and Article 43 of the Enforcement Decree of the Act on Contracts to which a Local Government is a Party and Chapter V of the Standards for Determining a successful tenderer at the time of a tender by a local government;

3. An enterprise registered as an academic or research service in the national competition system of the Public Procurement Service by the deadline for registration of participation in bidding 3-2 by the deadline for registration of participation in bidding, which falls under any of the following:

(d)

A corporation established and permitted under Article 32 (Establishment and Permission of Non-Profit Corporations) of the Civil Act or any other Act (including a project in the field of academic research for the establishment of a non-profit corporation) shall be excluded from preferential procurement for small and medium enterprises with the relevant academic research services under Article 2-3 subparagraph 2 of the Enforcement Decree of the Act on Promotion of Purchase of Small and Medium Enterprise Products and Support for Market

4. Where 4-2-1 bidders are non-profit corporations, the bid amount shall be included with profit, and where the successful bidder is a non-profit corporation, the contract amount shall be the amount calculated by subtracting, as a result of the tender, the ratio of profit applied to the design price to the successful tender amount; and

8. If a negotiation on a contract with a potential concessionaire will be conducted in the same manner as the next priority firm, the evaluation of proposals and the method of selecting successful bidder will be conducted.

8-4 Other matters shall be governed by the standards for determining successful bidders, the standards for concluding contracts through negotiations, and the rules for the establishment and operation of the Committee for Evaluation of Contract Proposals through B negotiations, among the rules and regulations established by the Ministry of Administrative Safety at the time of

8-4-1 If the proposal firm is less than two enterprises and all enterprises participating in the proposal are less than 70 points for evaluation, re-public announcement shall be made.

A. Defendant B, on April 7, 2020, submitted a tender for services listed in attached Form 2 with respect to D services (hereinafter “instant tender”).

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