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(영문) 창원지방법원 2017.08.22 2016구합53270
부정당업자 제재처분취소
Text

1. Each disposition taken by the Defendant against the Plaintiffs on December 12, 2016, revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. The Defendant’s bidding notice 1) Plaintiff A Co., Ltd. (hereinafter “Plaintiff Co., Ltd”).

(2) On October 27, 2015, the Defendant publicly announced a bid for “C” (hereinafter “the instant project”) with the content of the Defendant’s operation, maintenance, and management services for the information system (hereinafter “instant project”).

3) On December 2, 2015, the Defendant issued a corrective publication on the ground of the change in the part concerning the evaluation of resident personnel among the details of the initial publication (hereinafter “revision publication”).

) The Plaintiff Company participated in the Defendant’s tender in accordance with the first and revised notice (hereinafter “instant tender”).

B) In the case of the instant bid, the subject of appraisal and the criteria for appraisal of the initial announcement on the appraisal of resident workforce are 100 points for the proposal presented by the bidder, but the Defendant had a comprehensive appraisal point of 90 points for the technical ability assessment and a bid price assessment point of 10 points for the technical ability assessment as detailed items, and the technical capability assessment included an appraisal of resident workforce to be invested in the instant project. (B) The first announcement and the revised announcement are different in the assessment method for human resources to be invested in the instant project. However, according to the first announcement, the subject of technical capability assessment falls under the demand for human resources in the measurement sector after being replaced by the measurement and non-measurement assessment, which is again allocated a total of 5 points for work experience assessment with 2.5 points for the technical ability assessment and 2.5 points for the input ratio.

C. According to the request for proposal attached to the revised announcement, matters concerning the assessment of human resources among the items of technical capability assessment in the initial request for proposal.

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