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(영문) 울산지방법원 2017.01.12 2016구합5369
부정당업자 제재처분 취소청구
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;

가. 원고는 정보통신 관련 공사 및 판매업, 네트웍 시스템 설계 및 공사업 등을 영위하는 회사이다.

B. On December 4, 2015, the Defendant publicly announced a tender for services related to the “the instant project” by the Ulsan Metropolitan City Integrated Control Center and CCTV maintenance and repair services (hereinafter “instant tender”) in accordance with Article 2015-1038 of the public announcement of Seongbuk-gu, Ulsan Metropolitan City. The details of the instant tender announcement are as follows.

1. Matters referred to the tender;

(a) Project name: The project in this case;

B. Project period: January 1, 2016 to December 31, 2016 (12 months)

(c) Basic amount: 256,205,000 won (including value-added tax);

2. Tender and method of contract: Total tender, contract by negotiation, and method of progress;

4. Public announcement and submission of a request for participation;

A. The period of public notice: December 5, 2015 to December 16, 2015

(1) The date and time of submission of an application for participation in a tender and a proposal: 10:0-17:00 on December 17, 2015 (limited to a portion of arrival within 17:00): 4. See a written request for submission of a proposal. 5 see a written request for submission. 5 : 09:0-17:00 on December 17, 2015.

5. Evaluation of the examination of proposals;

(a) Date: December 23, 2015: 13:00-17:00 (Scheduled)

6. Selection of negotiation partners and negotiation ranking;

(a) When a local government tenders, the criteria for determining successful bidders (No. 19 of the established rules of the Ministry of the Interior, April 10, 2015), shall apply;

(b)as a result of the evaluation of proposals, a person whose technical ability evaluation score is not less than 85 per cent (68%) of not less than 80 per cent (80), shall be selected as a negotiating person, and a person whose technical ability evaluation score and price evaluation score are negotiated at the highest point of the combined score of the technical ability evaluation score and finally

C. On December 17, 2015, the Plaintiff participated in the instant tender and submitted to the Defendant an application for participation in the tender, a written oath, a technical proposal for the instant project (hereinafter “instant technical proposal”) and a quantitative proposal (hereinafter “instant quantitative proposal”). Work performance experience and quantitative proposal.

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