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

January 4, 2002
Executive Meeting, OGPR

The status of receipt and review of complaints concerning government procurement in the fourth quarter of 2001 is as follows:

  1. Complaint number
    Case No.4
  2. Date of filing of the complaint
    October 9, 2001
  3. Name of the complainant
    IBM Japan, Ltd.
  4. Name of the procuring entity and products/services concerning the complaint
    Japan Atomic Energy Research Institute
    ITBL Computer System 1 Set
  5. The procuring entity and the tendering procedures above mentioned in 4., based on the notice of procurement No. 13-303 (kanpo gogai government procurement No. 118 on July 2, 2001) disqualified the complainant by violating the "Agreement on Government Procurement" (signed on April 15, 1994, effected on January 1, 1996) and the "Procedures to Introduce Supercomputers" (the decision of the Committee for Drawing Up and Promoting the Action Program on July 16, 1987), as undermentioned. The entity's violation of the rule is so serious that the complainant claimed reexamination of its tender.
    (1) The complainant’s proposal for revision of specifications was rejected as an overdue comment though at least a 50-day-proposal term was regulated.
    (2) A function that was not referred to in the final specifications was considered in the qualification procedures.
  6. 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 December 21 2001, which was delivered to the complainant, IBM Japan, Ltd., and the procuring entity, Japan Atomic Energy Research Institute.