Provisional Translation
| OTO No. | 473 | Classification | MHA-12 |
|---|---|---|---|
| Date of Acceptance | May 6, 1992 | Ministry/Agency Receiving Complaint | Economic Planning Agency |
| Responsible Ministries | Ministry of Home Affairs | Related Laws | |
| Complainant | Royal Swedish Embassy (proxy complaint) | Exporting Countries | Sweden |
| Subject | Clarification of reasons for procurement of local government machinery and equipment (crushers) | ||
| Details of Measures | Under Article 234 for the Local Autonomy Law, in principle, the procedures regarding procurement of machinery and equipment by local governments call for bids to be submitted. When procurement falls under the ordinance for administering the Local Autonomy Law, bids are accepted from invited bidders or procurement is carried out through voluntary contracts, and the basic measures concerning contract procedures are set out in the ordinance for administering the said Law. However, regarding the details concerning other contract procedures, the procurement of other articles and how this is done, this matter is left to individual local governments, following the principle of local autonomy body guaranteed in the Japanese Constitution, as well as according to the rules of the respective local governments and what they decide. The national government limits itself to offering appropriate technical advice when this contributes to more practical local government organization and administration. In this complaint, the crusher concerned (for processing large wastes) is not being procured by a local government but by a private company entrusted with processing general wastes, in order to reduce the volume of waste it handles. The complainant was advised that this matter is unrelated to local government procurement and that Article 234 of the Local Autonomy Law does not apply. |
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| Classification of Processing | Cc | Directions | I-b |
| Remarks | |||