Provisional Translation

OTO No. 552 Classification MOE-12
MHW-237
MHA-19
Date of Acceptance February 28, 1997 Ministry/Agency Receiving Complaint Economic Planning Agency
Responsible Ministries Ministry of Education, Science, Sports and Culture
Ministry of Health and Welfare
Ministry of Home Affairs
Related Laws Agreement on Government Procurements
Account Law
Local Autonomy Law
Complainant Domestic firm Exporting Countries Germany
Subject Concerning the improvement of procurement procedures for beds for national hospitals etc.
Details of Measures The following response was made to the complainant's claim that in the procurement of beds for National Hospitals and Sanatoriums etc., university hospitals and public medical facilities, since only the products of specific makers may submit bids, procurement procedures should be improved by reviewing specifications and so on, to allow foreign bed manufacturers to participate freely in bidding and that local governments should be instructed to remedy the situation.
1. The purchase of beds for National Hospitals and Sanatoriums, etc. is subject to the Accounts Law and proceeds, etc. in a fair and proper manner. The clerical work for contracts, such as drawing up biding specifications, etc. was directed to improve through a notification, etc. by Ministry of Health and Welfare dated February 27, 1997.
The complainant concluded that bidding was open only to products from specific makers was due to insufficient explanation at the time of bidding; efforts will be made to ensure that clerical work is carried out properly, through training and supervision and other opportunity. (Ministry of Health and Welfare)
2. The procurement of beds for hospitals attached to national universities is carried out properly in accordance with government agreements on procurement and the Accounts Law. In particular, regarding procurement subject to government procurement agreements, transparency, fairness and competitiveness are ensured by keeping specifications to a minimum and drawing up procurement plans at an early date, but the parties concerned will be directed to continue doing so, at every possible opportunity.
Participants in the national school accounting department managers' meetings held on May 22-23 and September 8, 1997 were informed of and instructed to carry out the above. (Ministry of Education)
3. Under Government procurement agreements and Local autonomy law, local autonomy bodies have the responsibility for entering into contracts for procurement of goods for local governments.
Accordingly, if there are specific complaints concerning individual cases of procurement by local governments, the complainant should apply for redress directly to the local government procurement review board established in local autonomy body, based on government procurement agreements.
Any question concerning the system of the local government procurement review board could be addressed to the Ministry of Home Affairs (Ministry of Home Affairs).
Classification of Processing 1. A
2. A
3. Ca
Directions I-b
IV
Remarks 1. Improvement measures were taken on February 27, 1997.
2. Improvement measures were taken on May 22, 1997.

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