실시설계 기술제안입찰상 예정가격 작성의 효력범위 -서울중앙지법 2020. 2. 7. 선고 2019가합545145 판결을 중심으로

General public procurement tender notice has a sentence that a bid which exceeds the budget price would not be awarded. In practice, it is widely believed that an over-budget bid is not allowed. However, could this “belief” be maintained where there is no clear support of legal provisions or a tender notice? The subject case of this essay can help answer this question in two ways. Firstly, the subject case, which deals with a rare issue concerning technical proposal for working plans submitted to tender procedure, demonstrates differences from other procedures and analyzes the scope of validity of the budget price. Secondly, debates regarding the scope of validity of the budget price in this case provide a test bed for deeply rooted “belief”. That is, while the contracting authority has a duty to provide budget price, this tender system does not have an explicit legal provision excluding any technical proposals exceeding the budget price from the bidding. On the contrary, this particular case seems to imply that bids exceeding the budget price are allowed. In this context, in order to address these issues, it is necessary to understand not only the legal status but also the structure of technical proposal for working plans. Although the court’s decision in this case became final and conclusive in the first instance trial, the subject case still holds significance given that this is the first case that deals with the issues regarding technical proposal in earnest. Based on this examination, this paper suggests that aside from the conclusion of the subject case, the estimation of budget price needs to take into account the sum of government-furnished materials and contractor-furnished materials to place the upper limit of bidding price so as to achieve the goal of reasonable disbursal of budget funds in the procedure involving contracts made through technical proposal for working plans.