a. The system under the former Agreement on Government Procurement
Various regulations were stipulated under non-discrimination and national treatment policies, etc., in the GATT Agreement on Government Procurement which came into effect in 1981. However no regulations were stipulated in regard to complaint review procedures.
On the other hand, regulations relating to a system of complaint review procedures have been established in each voluntary measure adopted by the Action Program Committee, and a complaint review procedure is implemented based on these regulations.
b. The system under the new WTO Agreement on Government Procurement (reference material I - 5)
The WTO Agreement on Government Procurement came into effect in 1996 at the Uruguay Round of GATT. In addition to the regulations regarding non-discrimination and national treatment policies found in the former Agreement, in regard to complaint review, Article 20: Challenge Procedures, was established.
It thus became necessary for the Government of Japan to develop a system, incorporating the system for complaint review procedures which had been in place until that point, in order to carry out its duties according to the new Agreement, in the period before the new Agreement on Government Procurement came into effect. For this purpose, the Office of Government Procurement Review was established following a Cabinet decision, "The Establishment of Headquarters of Government Procurement Review" on 1 December 1995. It was determined that the Headquarters would set up a Government Procurement Review Board to handle complaints, and the responsibility for the complaint review procedure based on the voluntary measures decided by the Action Program Committee was transferred to a new organization.
In conjunction with the reorganization of the central ministries on January 6, 2001, this office is established in the Cabinet Office.
c. Results on complaints in 2000
Case No.2
1. Date of complaint submission: July 12, 2000While the bidding and contracting procedures for public works are not covered by the Action Program Committee, the "Major Projects Arrangements" and the "Additional Measures of the Government of Japan on Major Projects Arrangements" were adopted by the Cabinet, in May 1987 and in July 1991, respectively, both of which were intended to increase access to large scale public works projects. Furthermore, in January 1994, the "Action Plan on Reform of the Bidding and Contracting Procedures for Public Works," which included adoption of open and competitive tendering procedures for procurement with a value above a certain threshold, was adopted by the Cabinet. In order to improve the actual operation of the Action Plan, Operational Guidelines with Respect to the Action Plan on Reform of the Bidding and Contracting Procedures for Public Works were drafted in June 1996. (Administrative Vice Ministers' Conference).
Entities Covered by the Voluntary Measures on Government Procurement
| Entities covered by the Voluntary Measures (98) | |||
| Entities covered by the Agreement on Government Procurement (91) | Entities only covered by the "Computer Measures"(7) |
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| Central Government Entities (21) | Public Corporations (70) | ||
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House of Representatives House of Councilors Supreme Court Board of Audit Cabinet National Personnel Authority Cabinet Office Imperial Household Agency National Public Safety Commission (National Police Agency) Defence Agency Financial Services Agency Ministry of Public Management, Home Affairs, Posts and Telecommunications Ministry of Justice Ministry of Foreign Affairs Ministry of Finance Ministry of Education, Culture, Sports, Science and Technology Ministry of Health, Labour and Welfare Ministry of Agriculture, Forestry and Fisheries Ministry of Economy, Trade and Industry Ministry of Land, Infrastructure and Transport Ministry of the Environment |
Hokkaido Railway Company East Japan Railway Company West Japan Railway Company Shikoku Railway Company Kyushu Railway Company Japan Freight Railway Company Japan Tabacco Inc. Nippon Telegraph and Telephone Co. National Life Finance Corporation Housing Loan Corporation Agriculture, Forestry and Fisheries Finance Corporation Japan Finance Corporation for Small Business Japan Finance Corporation for Municipal Enterprises Social Welfare and Medical Service Corporation Okinawa Development Finance Corporation Development Bank of Japan Japan Bank for International Cooperation Water Resources Development Public Corporation New Tokyo International Airport Authority Japan Highway Public Corporation Japan Environment Corporation Japan International Cooperation Agency Pension Welfare Service Public Corporation Labour Welfare Corporation Employment and Human Resources Development Japan Consumer Information Center Japan Science and Technology Corporation Japan Foundation National Stadium and School Health Center of Japan University of the Air Foundation Japan Racing Association Japan External Trade Organization New Energy and Industrial Technology Development Organization Japan Regional Development Corporation Japan National Oil Corporation Metropolitan Expressway Public Corporation Urban Development Corporation Japan Nuclear Cycle Development Institute Metal Mining Agency of Japan |
Japan Small and Medium Enterprise Corporation Postal Life Insurance Welfare Corporation Organization for Workers Retirement Allowance Mutual Aid Teito Rapid Transit Authority Northern Territories Issue Association Japan Atomic Energy Research Institute The Pollution-related Health Damage Compensation and Prevention Association Fund for the Promotion and Development of the Amami Islands Japan Scholarship Foundation Promotion and Mutual Aid Corporation for Private School of Japan Social Insurance Medical Fee Payment Fund Association for Welfare of the Mentally and Physically Handicapped Mutual Aid Association of Agriculture, Forestry and Fishery Corporation Personnel Japan Keirin Association Japan Motorcycle Racing Organization Japan Institute of Labour Mutual Aid Fund for Official Casualties and Retirement of Volunteer Firemen Japan Green Resources Corporation Corporation for Advanced Transport & Technology Japan Railway Construction Public Corporation Hansin Expressway Public Corporation Honshu-Shikoku Bridge Authority Agriculture and Livestock Industries Corporation RIKEN(The Institute of Physicaland Chemical Research) National Education Center Japan Arts Council Japan Society for the Promotion of Science National Association of Racing Farmers' Pension Fund Japan National Tourist Organization |
National Space Development Agency of Japan The Shoko Chukin Bank Electric Power Development Co., Ltd. Kansai International Airport Co., Ltd. The Japan Shipbuilding Industry Foundation Japan Broadcasting Corporation Japan Worker's Housing Association |