Status of Receipt and Review of Complaints Concerning Government Procurement (provisional translation)

October 6, 2000
Executive Meeting, OGPR

The status of receipt and review of complaints concerning government procurement in the third quarter of 2000 is as follows:

  1. Complaint number
    Case No.2
  2. Date of filing of the complaint
    July 12, 2000
  3. Name of the complainant
    Motorola Japan Ltd.
  4. Name of the procuring entity and products/services concerning the complaint
    East Japan Railway Company
    IC card system for automatic fare collection system
  5. Outline of complaint
    The procuring entity and the tendering procedures above mentioned in 4., based on the notice of procurement, higashi-hongoku No.1 (kanpo gogai government procurement No.59 on April 3, 2000), are in violation of the "WTO Agreement on Government Procurement" (signed on April 15, 1994, effected on January 1, 1996) and of the "Measures on Japanese Public Sector Procurement of Telecommunications Products and Services" (decided by the government of Japan, on March 28, 1994), and it has an important influence on gravity, as follows.
    1. (1) Non-adoption of international standard
    2. (2) Technical specifications creating unnecessary obstacles to international trade
    3. (3) Improper use of advice
    4. (4) Impropriety of deadlines for providing a sample and for product delivery
    5. (5) Impropriety of tender opening procedures
  6. Outline of the status of complaint reviewing
    The Government Procurement Review Board reviewed the complaint based on "Review Procedures for Complaints Concerning Government Procurement" (decided by the Office of Government Procurement Review, on December 14, 1995) , and issued a report on October 3 2000, which was delivered to the complainant, Motorola Japan Ltd., the procuring entity, East Japan Railway Company, and the participant, Sony Corporation.
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