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(영문) 서울행정법원 2018.07.27 2018구합54637
입찰참가자격제한처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On August 4, 2017, the Plaintiff participated in the bidding (hereinafter “instant bidding”) of B service (demanding Agency: the Korea Coast Guard and the Korea Information Society Agency; hereinafter “instant service”) announced by the Defendant on July 4, 2017 as a company aimed at the supply and development of software, automatic control and communications construction business, etc., and was selected as a first priority negotiation object from the Defendant on August 30, 2017.

B. On November 20, 2017, the Defendant excluded the Plaintiff from a negotiating eligible person pursuant to Article 10(11)1 of the detailed criteria for the assessment of proposals through negotiations by the Public Procurement Service on the ground that “the Plaintiff entered false facts in the proposal for a tender,” and on February 8, 2018, on the same ground, Articles 27(1)8 and 27(1) of the Act on Contracts to Which the State is a Party on February 8, 2018 (hereinafter “State Contract Act”) regarding the Plaintiff on the same ground (hereinafter “State Contract Act”), the head of each central government agency shall restrict the qualification for participation in a tender by up to two years, as prescribed by Presidential Decree, and shall immediately notify the head of other central government agency of the restriction:

In such cases, the head of another central government agency in receipt of notification shall restrict qualifications for participation of the relevant improper businessman in bidding, as prescribed by Presidential Decree.

8. Any of the following persons prescribed by Presidential Decree:

(a) A person who is likely to impede the fair execution of competition, such as forging or falsifying documents related to tendering or contract, or interfering with tendering or contract;

(b) A person who is likely to interfere with the proper performance of a contract by failing to engage in or obstructing the conduct related to the conclusion or performance of a contract without justifiable grounds;

(c) A person deemed inappropriate to participate in tendering due to a violation of other statutes, etc., and the Enforcement Decree of the same Act.

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