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(영문) 의정부지방법원 2015.10.08 2014가합58525
낙찰자지위확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.

Reasons

1. Presumed factual basis

A. On October 30, 2014, the Defendant publicly announced the bid for a cooperative company for power distribution and construction (hereinafter “instant bid”) in 2015 with respect to high pressureA Corporation, which will serve as the headquarters of the Gyeonggi Northern District Headquarters in the year 2015.

1. Construction name: High-tensionA Corporation under the direct control of the Gyeonggi-do Regional Headquarters, 2015;

3. Qualifications for participation.

A person for whom two years have not passed since his/her conviction became final and conclusive under Article 27-5 of the Act on Contracts to which the State is a Party and Article 12 (3) of the Enforcement Decree of the same Act shall not participate in the bidding.

A bidder shall submit a written oath that does not fall under any of the subparagraphs of Article 12 (3) of the Enforcement Decree of the same Act at the time of bidding. If the content of the pledge is proved to be false, the contract may be rescinded or terminated, and it may be subject to a disposition to restrict the participation of unjust enterprisers in bidding.

7. Method of determining a successful bidder;

(a) In order of the persons who have tendered at the lowest price below the estimated price (the 4th arithmetic mean price selected pursuant to Article 14 among the 15 preliminary bid prices), the companies which are deemed qualified after being examined in accordance with the criteria for the examination of qualifications for the construction in question shall be determined as the successful bidder at the same time in the order of the bids referred to in paragraph 2(e), and the companies which meet certain criteria, such as personnel, equipment, and outdoor storage place, shall

8. Criteria for qualification examination;

(a) This Corporation shall examine its performance ability in accordance with the criteria for qualification examination of this Corporation in accordance with Article 12 of the Rules on Contract Affairs of Public Corporations and Quasi-Governmental Institutions.

B. The main contents of the criteria for examining the qualifications of a cooperative company for power distribution construction, which serves as the criteria for examining the instant bidding, are as follows.

Article 3 (Examination of Disqualifications) Where a person subject to examination of qualification is in a state of dishonor or bankruptcy, he/she shall be deemed disqualified for the relevant work performance ability.

Article 6 (Evaluation of Management Status) (1) The average weighted average ratio of business classification, which is the evaluation criteria for each item of management status, shall be below the average.

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