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(영문) 전주지방법원 2017.08.16 2016가합3323
낙찰자지위확인 등 청구의 소
Text

1. The part of the Plaintiff’s claim for the confirmation of the status of successful bidder against the Defendants is dismissed, respectively.

2. The plaintiff's defendants.

Reasons

1. Basic facts

A. On May 24, 2016, Defendant Korea Rail Network Authority (hereinafter referred to as the “Defendant Rail Network Authority”) publicly announced the bidding process of construction waste disposal services (hereinafter “instant bidding”) under Article 2016-02-02-16-00 of the notification of the Korea Rail Network Authority (hereinafter referred to as “instant bidding”). The Plaintiff and Defendant Incorporated Co., Ltd. (hereinafter referred to as the “Defendant Company”) individually participated in the bidding process of construction waste disposal services (hereinafter “instant bidding”).

B. The relevant contents written in the notice of the instant tender are as follows.

3.1. Qualifications for participation in a bid; 3.1. A person who has obtained permission for waste collection and transportation business (type of business: 6728) and construction waste interim disposal business (type of business: 1253) under Article 21 of the Act on the Promotion of Recycling of Construction Wastes;

4.1. Matters pertaining to a joint contract. It is possible to enter into a single or joint contract (within one company by means of a shared implementation method), the sharing ratio shall be 67% interim disposition and 33% collection and transportation, and the representative shall be an interim disposal business operator.

8. The method of determining the successful tenderer: The service shall be determined as the successful tenderer in order of the persons who have bided at the lowest price above the lowest price above the successful tenderer determined by applying the detailed criteria for the examination of qualifications for construction waste disposal services under Article 42 (1) and (5) of the Enforcement Decree of the Act on Contracts to which the State is a Party, and whose comprehensive reputation point is at least 95 points after examining the performance ability (70 points) and the bid price points (30 points) in the order of the successful tenderer.

Criteria for evaluation when examining qualifications: Where the application of the detailed criteria for the examination of construction waste disposal services to the Corporation (services of at least an estimated price of 1.5 billion won) alone is required to participate in the bidding - the evaluation criteria for performance - where the bid is participated in the bidding by the method of sharing the base amount of 2,281,364,545 won

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