delivery time2023-02-06 07:00
Made according to US national defense standards, but failed in self-evaluation
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(Seoul = Yonhap News) Reporter Hwang Yun-ki = The Defense Acquisition Program Administration restricted the qualifications of companies that failed to develop new military equipment from participating in the bidding, but the court put the brakes on them.
According to the legal community on the 6th, the 4th Administrative Department of the Seoul Administrative Court (Chief Judge Kim Jeong-joong) ruled in favor of the plaintiff in the first instance in the lawsuit filed by Company A against the head of the Defense Acquisition Program Administration for the cancellation of the disposition to restrict participation in bidding.
In November 2020, the Defense Acquisition Program Administration issued a disposition restricting company A from participating in the national procurement project bidding for the next six months.
It was the reason that company A decided to research and develop and supply new chemical, biological and biological protection clothing by February 2018, but did not keep it and did not properly fulfill other business contracts.
Unlike the existing products, the new chemical and biological protection clothing that company A decided to supply had the advantage of maintaining its performance even after washing several times.
The problem was the washing conditions. Company A made the product on the condition that it was washed without fabric softener in a small washing machine in accordance with US defense standards.
During the evaluation process, some experts suggested that surfactants used in fabric softeners could significantly reduce the performance of neutralizing agents for protection.
Despite repeated failures despite company A’s will to improve, the Defense Acquisition Program Administration notified the cancellation of the contract and restricted the eligibility to participate in the bidding.
Company A filed a lawsuit dissatisfied with the disposition and also requested a suspension of execution to stop the effect. After accepting the request for suspension of execution, the court sided with Company A in the main lawsuit.
The judge said, “It is difficult to regard Company A as ‘a person who did not fulfill the contract without a justifiable reason'” and ruled that “the restriction disposition is cancelled.”
In addition, “It would have been difficult for the plaintiff (company A) to know that the defendant (Defense Acquisition Program Administration) would use fabric softener during actual washing, even though the defendant (Defense Acquisition Program Administration) described the US defense standard as a standard for evaluating washability.” It’s hard to admit that there is,” he said.
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