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(영문) 서울행정법원 2020.02.06 2019구합5410
우수조달물품지정취소청구
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. On April 1, 2016, the Plaintiff was designated as an exemplary procurement product (designated number: D and designated period: from April 1, 2016 to March 31, 2020; hereinafter “Plaintiff’s outstanding product”) pursuant to Article 9-2(1) of the Public Procurement Act and Article 18 of the Enforcement Decree of the same Act with respect to “self-sufficiency absorption failure” produced by the Plaintiff.

Plaintiff

The standards for excellent products shall be as specified in attached Form 1.

B. On June 28, 2018, the Defendant designated and publicly announced “a functional turfy” of Nonparty Company B (hereinafter “Nonindicted Company”) as an exemplary procurement commodities (designated number: C: designated number: from June 28, 2018 to June 27, 2021; hereinafter “instant excellent products”) pursuant to Article 9-2(1) of the Procurement Act and Article 18 of the Enforcement Decree of the same Act.

(hereinafter “Disposition of this case”). The size of the excellent product of this case is as shown in attached Form 2.

C. On May 1, 2019, in relation to the instant disposition, the Plaintiff filed an objection with the Defendant to the effect that “the shock absorbing part (hereinafter “instant part”) from among the superior products was not certified, and is not produced by the non-party company, and the non-party company did not produce. Thus, the Plaintiff disclosed information to confirm the suitability of quality standards, and excluded it from the designation of the exemplary procurement goods.” (hereinafter “instant objection”).

According to the statement in Eul evidence No. 2, although the date on which the written objection in this case was written is stated as " April 23, 2019," the date on which the written objection in this case was submitted to the defendant is " May 1, 2019," the date on which the written objection in this case was submitted to the defendant is recognized as above."

The Defendant sent to the Plaintiff the instant objection as follows with the official document dated June 26, 2019.

With respect to the instant winning part, technical certification and certification under Article 3(1) and (4) of the Regulations on Designation and Management of Excellent Procurement Commodities.

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