3. Voluntary Measures by Individual Sectors


In order to further promote procurement based on procedures to ensure non-discriminatory, transparent, fair and open competition, the Action Program Committee has established voluntary measures and such in individual areas, in addition to the voluntary measures for government procurement on products in general.


List of Voluntary Measures in Individual Sectors

Revision to Procedures to Introduce Supercomputers (Decision made by AP Committee, 19 April 1990)

Procedures for the Procurement of Non-R&D Satellites (Decision made by AP Committee, 14 June 1990)

Measures related to Japanese Public Sector Procurements of Computer Products and Services (Decision made by AP Committee, 20 January 1992)

Measures on Japanese Public Sector Procurement of Telecommunications Products and Services (Decision made by AP Committee, 28 March 1994)

Measures related to Japanese Public Sector Procurement of Medical Technology Products and Services (Decision made by AP Committee, 28 March 1994)


(1) Supercomputers

a. Adoption and revision of procedures

Procurement of supercomputers has been governed by the "Procedures to Introduce Supercomputers" adopted at the July 1987 Meeting of the Action Program Committee. However, the Committee revised the Procedures on 19 April 1990, in response to the claim raised by the Government of the United States that, even after the implementation of the Procedures, the Japanese Government and government-related entities procured no American supercomputers, and the Procedures needed to be revised, especially with regard to the formulation of specifications and business practices of large discounts.

The Procedures govern the introduction of supercomputers by 147 entities (as of 1 January 2002) cited in Attachment I, Table 1 and Table 3 of the WTO Agreement on Government Procurement (Treaty No. 23, 1995). Each ministry and agency is to give guidance to quasi-governmental agencies within its jurisdiction to procure in line with the Procedures. Furthermore, the revised procedures have been in effect since 1 May 1990.

b. Major points of the revised procedures

The revised procedures are adopted to provide transparent, open, and non-discriminatory competitive procedures for the introduction of supercomputers and to ensure that a procuring entity procures the supercomputer that best enables it to perform its mission. Furthermore, the Procedures stipulate that to procure supercomputers based on bids that contravene the prohibition in the Anti-Monopoly Act against unjust low-priced sales is contrary to the policy of the Government.

c. Follow-up consultations with the Government of the United States

In order to assess the implementation of the revised Procedures, follow-up consultations have been held with the US Government each year since 1990.
With regard to the Japan-US Framework Talks, it was concluded between the two governments that, as with computers, the Procedures should aim at significantly expanding Japanese government procurement of competitive foreign products in the area of supercomputers.

NOTES: Range of Supercomputers
The Procedures of April 1990 stipulated that it would apply to the supercomputers with theoretical peak ratings of 300 MFLOPS and over. The threshold have been raised twice thereafter: 5 GFLOPS and over as from 1 April 1995, 50 GFLOPS and over as from 1 May 1999, and 100 GFLOPS and over as from 1 May 2000.

(2) Non R&D Satellites

The Committee adopted, to ensure openness, transparency and non-discrimination in procurement of non R&D satellites, the "Measures Relating to Procedures for the Procurement of Non-R&D Satellites," at its 14th Meeting on 14 June 1990, based upon the preceding consultations with the Government of the United States concerning the research and development, and procurement of satellites. (For the entire text, please refer to the attachments.)

The final documents concluded under the above-mentioned consultations with the US Government comprise the following: (a) the letters exchanged between Ambassador to the United States Ryohei Murata and US Trade Representative Carla Hills; (b) Attachment I (Policies and Procedures Regarding Satellite R&D/Procurement); (c) Attachment II (Procedures for the Procurement of Non-R&D Satellites); (d) Attachment III (Typical Examples of Japanese Research & Development Satellites). Any potential supplier may file a complaint with the Government Procurement Review Board when it believes the procurement has been carried out in a manner inconsistent with the intent of the procedure or any provision of the procedures laid out in Attachment II.

One of the distinctive features of the final documents on the non-R&D satellites procurement is the provision relating to the consultations between the Government of Japan and the Government of the United States to resolve disputes over the classification of satellites (Attachment II, Section III. 1. 2.). Such provisions on the consultative mechanism, however, are not intended to restrict the scope of judgment by the Procurement Review Board. Rather, any complaint over the classification of satellites is also to be under the review by the board.

(3) Computer products and services

a. Adoption of the measures

In order to expand trade opportunities based on the principles of non-discrimination, transparency, and fair and open competition in the public sector procurement of computer products and services, the Action Program Committee, on 20 January 1992, adopted the "Measures on Japanese Public Sector Procurement of Computer Products and Services."

The Measures were formulated in response to the claim raised by the US Government in 1990, that due to the problems in Japanese government procurement procedures, the share of foreign products in public sector procurement of computers in Japan was continuously low and there was a discrepancy between the share in public sector and that in private sector. The Government of Japan was to initiate the Measures with the aim of expanding procurement of competitive foreign computer products and services.

b. Major points of the measures

The Measures govern procurement of no less than 100,000 SDRs by 154 entities (as of 1 January 2002) (in addition to all of the 147 entities listed in Chapter II, the National Space Development Agency of Japan, Shoko Chukin Bank, Electric Power Development Co., Ltd., Kansai International Airport Corporation Limited, the Japan Shipbuilding Industry Foundation, the Japan Broadcasting Corporation [NHK] and the Japan Workers' Housing Association), with the exception of procurement covered by "Procedures to Introduce Supercomputers." The Measures became effective on 1 April 1992 with respect to procurement of computer products, and on 1 October 1992 for procurement of computer services, with the exception of procurement of computer services by entities listed in Attachment II-B and II-C of the Measures, which were covered by the Measures by 1 April 1993.

It is stipulated in the Measures that the particular tendering procedures are to be chosen by each procuring entity. However, the "Outline of External Economic Reform Measures," adopted on 29 March 1994, stipulates that for certain procurement of computers, evaluation criteria for use of the overall-greatest-value evaluation methodology will be developed toward the end of FY1994, and procurement based on the overall-greatest-value evaluation methodology will be introduced. As a result, preparations were advanced to introduce the use of the overall-greatest-value evaluation methodology. (At the 24th Action Program Committee Meeting, held on 27 March 1995, it was decided that as from 1 July 1995, the overall-greatest-value evaluation methodology would be used for procurement valued no less than SDRs 800,000. On 28 March 1995, the relevant ministries and agencies formulated and made public the Understanding of a standard guideline on the overall-greatest-value evaluation methodology, which is designed for the administrative efficiency of procuring entities, and includes points to be evaluated.)

c. Follow-up consultations with the Government of the United States

In order to assess the implementation of the Measures, the Government of Japan and the Government of the United States have held follow-up consultations each year since 1992. With regard to the Japan-US Framework Talks, then-Prime Minister Kiichi Miyazawa and President Bill Clinton concluded in July 1993 that the Measures should aim at significantly expanding Japanese government procurement of competitive foreign products and services in the area of computers, as well as supercomputers and others. Recent procurement results based on these measures are outlined below.

Table I-2 Results of Computer Products and Services Procurement


FY1996 FY1997 FY1998 FY1999
Total (Hundreds of millions of yen) 3,753 3,797 3,918 4,457

Foreign products and services 628 596 692 689
Foreign percentage 15.9% 16.5% 17.7% 15.5%

(4) Telecommunications and medical technology sectors

a. Adoption of the measures

With regard to government procurement of telecommunications equipment and services and medical technology products and services, the Government of Japan and the US Government conducted consultations, as priority areas of the Japan-US Framework Talks. In consideration of the discussions under the Japan-US Framework Talks, the Government of Japan adopted voluntary measures related to government procurement in telecommunications and medical technology sectors (28 March 1994 decision of the Action Program Committee), which was included in the "Outline of External Economic Reform Measures," adopted by the Cabinet on 29 March 1994.

The Japan-US Framework Talks were concluded in 1994 in the sectors of government procurement of telecommunications and medical technology along with other sectors. In light of the results of the consultations, the Government of Japan decided upon Operational Guidelines, for the purpose of clarifying the "Measures" described above, at the 22nd Meeting of the Action Program Committee on 7 October 1994.

b. Major points of the measures in the sectors of telecommunications and medical technology

(a) "Measures on Japanese Public Sector Procurement of Telecommunications Products and Services" and "Measures related to Japanese Public Sector Procurement of Medical Technology Products and Services."

The 21st Meeting of the Action Program Committee, held on 28 March 1994, in order to ensure non-discriminatory, transparent, fair, competitive and open public sector procurement procedures and with the aim of significantly increasing access and sales of competitive foreign telecommunications products and services and medical technology products and services in Japanese public sector procurement, adopted the "Measures on Japanese Public Sector Procurement of Telecommunications Products and Services" and the "Measures Related to Japanese Public Sector Procurement of Medical Technology Products and Services." These measures were, in principle, introduced for procurement under the initial budget of FY1994.

The Measures in the area of telecommunications govern special contracts for procurement of no less than SDRs 100,000 by the 90 procuring entities (as of 6 January 2001) (all of the entities listed in Chapter II except NTT) of telecommunications products and services.

The Measures in the area of medical technology govern special contracts for procurement of no less than 100,000 SDRs by the 41 procuring entities (as of 6 January 2001) (the relevant 41 entities in the breakdown of the entities in Chapter II) of medical technology products and services.

(b) "Operational Guidelines with respect to the Measures on Japanese Public Sector Procurement of Telecommunications Products and Services" and "Operational Guidelines with respect to the Measures related to Japanese Public Sector Procurement of Medical Technology Products and Services"

In consideration of the consultations held with the United States since March 1994, with a view to complementing and clarifying the measures adopted in March 1994, at the 22nd Meeting of the Action Program Committee on 7 October 1994, the Government of Japan adopted the "Operational Guidelines With Respect to the Measures on Japanese Public Sector Procurement of Telecommunications Products and Services" and "Operational Guidelines with respect to the Measures related to Japanese Public Sector Procurement of Medical Technology Products and Services." (See attached reference material for the complete documents.)

c. Follow-up consultations with the Government of the United States
In regard to reciprocal correspondence between Japan and the United States on voluntary measures, Japan-US Annual Reviews have been and finished in 2000 in accordance with the initia agreement between Japan and the US. held, Procurement result in 2000 is as follows.

Table I-3 Results of Telecommunications and Medical Products and Services Procurement


Telecommunication sector madical sector
Total (Hundreds of millions of yen) 1366 535

Foreign products and services 198 203
Foreign percentage 14.5% 37.9%


Reference Material I-4: Trends in items related to the Action Program for Government Procurement to the present
Date Convening body (Committee for Drawing Up and Promoting the Action Program or others) Nature of the deliberations
19 April 1985 Summit conference of the Government and Ruling Party Establishment of the Government-Ruling Parties Joint Headquarters for the Promotion of External Economic Measures
19 April 1985 First meeting of the Government-Ruling Party Joint Headquarters for the Promotion of External Economic Measures Formulation of the Outline of the Action Program for Improved Market Access
17 May 1985 Second meeting of the Government-Ruling Party Joint Headquarters for the Promotion of External Economic Measures Deliberations on the Action Program formulation position of each Ministry and agency
25 June 1985 Third meeting of the Government-Ruling Party Joint Headquarters for the Promotion of External Economic Measures Broad outlines of Tariff Action Program determined, intermediate reports on Action Program outlines other than for tariffs, criteria and certification systems, establishment of the Committee for Drawing Up and Promoting the Action Program
30 July 1985 Fourth meeting of the Government-Ruling Party Joint Headquarters for the Promotion of External Economic Measures Establishment of the Committee for Drawing Up and Promoting the Action Program, Framework of the Action Program for Improving Market Access
8 August 1985 First meeting of the Action Program (AP) Committee Schedule for Drawing Up the Action Plan
30 September 1985 Second meeting of the AP Committee Implementation of the Framework of the AP affecting Government Procurement
31 October 1985 Third meeting of the AP Committee Implementation of the Framework of the AP affecting Government Procurement
28 December 1985 Fifth meeting of the Government-Ruling Party Joint Headquarters for the Promotion of External Economic Measures Implementation Status Report on the Implementation of the AP for Improving Market Access
27 March 1986 Fourth meeting of the AP Committee Implementation Status of the AP (Five Areas other than Government Procurement)
31 July 1986 Fifth meeting of the AP Committee Results of the Administrative Inspection Survey (Criteria, Certification, Import Process, etc.), Implementation Status of the AP (Five Areas other than Government Procurement)
27 November 1986 Sixth meeting of the AP Committee Implementation Status of the AP (all areas)
26 January 1987 Seventh meeting of the AP Committee Implementation Status of the AP (Tariffs, Criteria, Certification, Import Processes)
27 April 1987 Eighth meeting of the AP Committee Results of the Administrative Inspection Survey (government procurement), "Understanding on Government Procurement"
21 May 1987 Ninth meeting of the AP Committee Implementation Status of the AP (Five Areas other than Import Restrictions)
16 July 1987 Tenth meeting of the AP Committee Procedures to Introduce Supercomputers
13 June 1988 Eleventh meeting of the AP Committee Implementation Status of the AP (government procurement)
4 August 1988 Twelfth meeting of the AP Committee Results of US$1 billion Emergency Procurement, Results of the Administrative Inspection Survey (improving market access)
19 April 1990 Thirteenth meeting of the AP Committee Revised Procedures to Introduce Supercomputers
14 June 1990 Fourteenth meeting of the AP Committee Procedures for Procuring non-R&D Satellites
17 December 1990 Fifteenth meeting of the AP Committee Implementation Status of the AP (government procurement)
19 November 1991 Sixteenth meeting of the AP Committee Implementation Status of the AP, "Understanding on Government Procurement"
20 January 1992 Seventeenth meeting of the AP Committee Measures on Japanese Public Sector Procurement of Computer Products and Services
17 December 1992 Eighteenth meeting of the AP Committee Implementation Status of the AP (government procurements)
13 August 1993 Cabinet conference decision Concerning the establishment of the AP Committee
27 January 1994 Nineteenth meeting of the AP Committee Implementation Status of the AP (government procurements)
3 February 1994 Twentieth meeting of the AP Committee Action Plan for Government Procurements
28 March 1994 Twenty-first meeting of the AP Committee "Procedures for Government Procurement of Products (Operational Guidelines)
7 October 1994 Twenty-second meeting of the AP Committee Operational Guidelines with respect to "The Measures on Japanese Public Sector Procurement of Telecommunications Products and Services," Operational Guidelines Related to "Japanese Public Sector Procurement of Medical Technology and Services"
30 January 1995 Twenty-third meeting of the AP Committee Implementation Status of the AP (government procurements)
27 March 1995 Twenty-fourth meeting of the AP Committee "Revision of the Range of Application of the 'Revised Procedures to Introduce Supercomputers
23-24 October 1995 Voluntary Review Meeting (hearings) Hearing by Domestic and Foreign Suppliers
8 December 1995 Voluntary Review Meeting Government Initiative on Future Management of Government Procurement
11 December 1995 Twenty-fifth meeting of the AP Committee "Agreement on Government Procurement (Service Sector)
7-8 October 1996 Voluntary Review Meeting (hearings) Hearing by Domestic and Foreign Suppliers
2 December 1996 Voluntary Review Meeting (Meeting with the Head of the Accounting Section) Government Initiative on Future Management of Government Procurement
26 December 1996 Twenty-sixth meeting of the AP Committee Report on the Results of the Voluntary Review of Voluntary Measures on Government Procurement
15 October 1997 Voluntary Review Meeting (hearings) Hearing by Domestic and Foreign Suppliers
5 December 1997 Voluntary Review Meeting (Meeting with the Head of the Accounting Section) Government Initiative on Future Management of Government Procurement
18 December 1997 Twenty-seventh meeting of the AP Committee Report on the Results of the Voluntary Review of Voluntary Measures on Government Procurement
22 October 1998 Voluntary Review Meeting(hearing) Hearing by Domestic and Foreign Suppliers
26 November 1998 Voluntary Review Meeting(Meeting with the Head of the Accounting Section) Government Initiative on Future Management of Government Procurement
10 December 1998 Twenty-eighth meeting of the AP Committee Report on the Results of the Voluntary Review of Voluntary Measures on Government Procurement
26 April 1999 Twenty-ninth meeting of the AP Committee Partial Revision of the Procedures to Introduce Supercomputers
5 November 1999 Voluntary Review Meeting(hearing) Hearing by Domestic and Foreign Suppliers
3 December 1999 Voluntary Review Meeting(Meeting with the Head of the Accounting Section) Government Initiative on Future Management of Government Procurement
9 December 1999 Thirties meeting of the AP Committee Report on the Results of the Voluntary Review of Voluntary Measures on Government Procurement
29 March 2000 Voluntary Review Meeting(Meeting with the Head of the Accounting Section) Government Initiative on Future Management of GovernmentProcurement
25 April 2000 Thirty-first meeting of the AP Committee Partial Revision of the Procedures to Introduce Supercomputers
13 October 2000 Voluntary Review Meeting(hearing) Hearing by Domestic and Foreign Suppliers
15 November 2000 Voluntary Review Meeting(Meeting with the Head of the Accounting Section) Government Initiative on Future Management of Government Procurement
30 November 2000 Thirty-Second meeting of the AP Committee Report on the Results of the Voluntary Review of Voluntary Measures on Government Procurement
5 December 2001 Voluntary Review Meeting(Meeting with the Head of the Accounting Section) Government Initiative on Future Management of Government Procurement
21 December 2001 Thirty-third meeting of the AP Committee Report on the Results of the Voluntary Review of Voluntary Measures on Government Procurement

(Note 1) "AP Committee" = "Committee for Drawing Up and Promoting the Action Program"


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