WORLD TRADE
ORGANIZATIONGPA/W/90
11 August 1999
(99-3415)
Committee on Government Procurement Original:  English
REVIEW PROCEDURES FOR COMPLAINTS CONCERNING
GOVERNMENT PROCUREMENT IN JAPAN
Communication from Japan
The communication reproduced below regarding the revision of complaint review procedures
was received from the delegation of Japan on 3 August 1999 with the request that it be circulated to
the Committee on Government Procurement.
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REVISION OF THE "REVIEW PROCEDURES FOR COMPLAINTS CONCERNING
GOVERNMENT PROCUREMENT" AND INTRODUCTION OF "CODE OF
SCHEDULES FOR REVIEW PROCEDURES FOR COMPLAINTS"
CONCERNING GOVERNMENT PROCUREMENT
As a treaty Party to the Government Procurement Agreement, Japan has applied the principles
of national treatment and non-discriminatory treatment in the government procurement of goods and
services.  It has also operated the Government Procurement Challenge System (CHANS) to review
complaints concerning government procurement.
Recently, the Office of Government Procurement Review revamped its complaint review
procedures to make the CHANS system easier to use.  It will contribute to improve the transparency,
fairness, competitiveness and openness of government procurement in Japan.
The main points of revision are as follows:
• Before revision, when the procuring entity insists that the procurement at issue falls under
an exception to the coverage of the Government Procurement Agreement, pursuant to
Article 23, the Review Board will not accept the complaints.  However, after revision, the
Review Board itself will judge whether the case should be dismissed because of
Article 23.
• Detailed rules for procedures are introduced, including the methods of counting days, the
methods of withdrawal and mandates of agents and assistants.
• After revision, a complainant can choose the way that his/her name is treated as
anonymous to the public.GPA/W/90
Page 2
REVIEW PROCEDURES FOR COMPLAINTS CONCERNING
GOVERNMENT PROCUREMENT
(Provisional Translation)
14 December 1995
Amended:  11 January 1999
Decision by the Office of Government Procurement Review
According to the Cabinet decision of 1 December 1995 on the establishment of the Office of
Government Procurement Review (OGPR), we adopt the Review Procedures for Complaints
Concerning Government Procurement (hereafter referred to as "the Procedures") as follows.
1. The Government Procurement Review Board
(1) The Government Procurement Review Board (hereafter referred to as "the Board") shall,
upon the receipt of written complaints, conduct investigations of facts relating to any aspects
of relevant procurement process, and make necessary recommendations for procuring entities.
(2) No member of the Board may participate in the review of a complaint when he or she is
deemed to have interests in it.
(3) The Board, when necessary, may establish subcommittees for specific product or service
areas.
(4) The Chairperson of the Board appoints those persons who chair the subcommittees.
2. Filing of Complaints
(1) The "suppliers" referred to in the Procedures are defined as follows:
i. In the case of government procurement other than public works:  persons who
supplied or who were capable of supplying the product or service when the procuring
entity procured the same.
ii. In the case of government procurement of construction services pertaining to public
works:
a. When a complaint concerns registration for qualified participants, persons
who have applied for the registration.
b. When open tendering is used:
(i) If a complaint concerns confirmation of qualification to participate in
the competition, persons who have applied for the confirmation.
(ii) If a complaint concerns tendering procedures other than a. and b.(i)
above, persons who have received confirmation of qualification to
participate in the competition.
(iii) If a complaint concerns the results of tendering, persons who have
submitted tenders.GPA/W/90
Page 3
c. When procurement procedures other than b. above are used, persons who are
registered as qualified participants in relation to the procurement.  (When
single tendering is used, persons who have interests in relation to the
procurement.)
iii. In the case of government procurement of design and consulting services pertaining
to public works:
a. When a complaint concerns the registration for qualified participants, persons
who have applied for the registration.
b. When the Public Invitation Proposal Procedures or the Public Invitation
Competitive Bidding Procedures are used:
(i) If a complaint concerns the selec tion of applicants to be invited to
submit proposals (in case of the Public Invitation ProposalProcedures) or the selection of applicants to participate in the
competition (in case of the Invitation Competitive Bidding
Procedures), persons who have expressed interests in the
procurement.
(ii) If a complaint concerns procurement procedures other than iii.a. and
iii.b.(i) above, persons who have been permitted to submit proposals
(in case of the Public Invitation Proposal Procedures) or persons who
have been permitted as participants in the competition (in case of the
Public Invitation Competitive Bidding Procedures).
(iii) If a complaint concerns the selection of the best proposal (in case of
the Public Invitation Proposal Procedures), persons who have
submitted proposals;  if a complaint concerns the results of tendering
(in case of the Public Invitation Competitive Bidding Procedures),
persons who have submitted tenders.
c. When procurement procedures other than iii.b. are used, persons who are
registered as qualified participants in relation to the procurement.  (When
single tendering is used, persons who have interests in relation to the
procurement.)
(2) A supplier may file a complaint with the Board, when he or she suspects breaches of any
provision of the Agreement on Government Procurement or other applicable Measures
designated by the Head of the OGPR (hereafter referred to as "the Agreement or other
Measures").  The supplier, however, is encouraged to initially seek resolution throughconsultation with the procuring entity.
(3) When a supplier suspecting of breaches of the Agreement or other Measures requests
consultation with the procuring entity, the entity  shall promptly enter into consultations and
make efforts to resolve the complaint.
3. Calculation of Time in the Procedures
(1) A day shall be a calendar day unless otherwise specified.
(2) A working day shall be any day which is not a Japanese government agency holiday.GPA/W/90
Page 4
(3) The first day of a period shall not be counted.
(4) If the final day of a period falls on a Japanese government agency holiday, the period shall be
extended to the next day.
4. Participants
(1) When a complaint is filed, all suppliers who have interests in the procurement at issue may
participate in the complaint review process.
(2) When a complaint is filed, the entity which carried out the procurement at issue (hereafter
referred to as "the Procuring Entity") shall participate in the complaint review process.
(3) When a complaint is filed, suppliers who have interests in the procurement at issue and who
wish to participate in the complaint review process shall notify the Board of their intent to
participate in the same within 5 days of rece iving the public notice stipulated in 5.(5) below,
whereupon suppliers who have provided such notification (hereafter referred to as "theParticipants") shall be subject to the Procedures.
(4) The Participants may withdraw thei r notification in (3) above at any time.
5. Complaint Review Process
(1) When a supplier suspects breaches of any provision of the Agreement or other Measures, he
or she may file a complaint in writing with the Board at any time during the procurementprocess, but no later than 10 days from when the basis of the complaint is known or should
reasonably have been known to the supplier.  Immediately upon the filing of the complaint,
the Board shall send a copy of the complaint to the OGPR and the Procuring Entity.
(2) In principle, the Board shall review a complaint within 7 working days of its filing, and may,
in writing and providing reasons therefor, dismiss any complaint found to be:
i. not submitted in a timely manner;
ii. unrelated to the Agreement or other Measures;
iii. frivolous or trivial;
iv. not submitted by a supplier;  or
v. inappropriate otherwise for review by the Board.
(3) If the Procuring Entity believes that the complaint should be dismissed, it may, in writing and
providing reasons therefor, express such opinion to the Board.
(4) The Board may receive and consider a complaint that is not timely filed, if it finds that
reasonable cause is shown.
(5) If the Board determines that a complaint has been properly filed and receives the complaint
for consideration, the Board shall immediately notify the supplier who filed the complaint
(hereafter referred to as "the Complainant"), the OGPR, and the Procuring Entity of itsdecision in writing.  Also it shall publicly announce its decision in a form to be determined by
the Chairperson of the Board.GPA/W/90
Page 5
(6) Suspension of Contract Execution and Performance
i. In the case of a complaint prior to contra ct execution, the Board shall, in principle,
promptly issue a written request to the Procuring Entity within 10 days of the filing
that contract execution should be suspended pending resolution of the complaint.
ii. In the case of a post-execution complaint filed within 10 days of the contract
execution, the Board shall, in principle, promptly issue a written request to the
Procuring Entity that contract performance should be suspended pending resolution
of the complaint.
iii. When the Board determines that urgent and compelling circumstances do not allow it
to issue such request to the Procuring Entity that the execution or performance of the
contract should be suspended, the Board shall immediately provide written
notification of its decision with reasons therefor to the Complainant and the OGPR.
iv. The Procuring Entity shall suspend the execution or performance of the contract
immediately upon receiving the Board's request.  If, however, the head of the
Procuring Entity determines that he or she cannot obey the request due to urgent and
compelling circumstances, the Procuring Entity may fail to suspend the same but
shall immediately provide written notification of its decision with reasons therefor tothe Board.
v. In the event that the proviso of paragraph iv. above applies, the Board shall
immediately send a copy of the notification to the Complainant and the OGPR.
(7) Review
i. The Board shall conduct review of a complaint based on briefs, pleas, or other
documentation which it shall request the Complainant and the Procuring Entity to
file.
ii. The Procuring Entity shall not refuse to submit such briefs, pleas, or other
documentation, unless the submission would harm public interest or threaten to
significantly impede it from executing its official duties.
iii. When the Board determines that it is necessary to evaluate whether the submission of
briefs, pleas, or other documentation would harm public interest or threaten to
significantly impede the Procuring Entity from executing its official duties, the Board
may have the Procuring Entity submit the same.  In this case, the Board shall not
disclose the same to anyone.
iv. The Board shall conduct review of a complaint based on the Procedures even in case
where a lawsuit has been filed before a Court relating to the procurement that is thesubject of the complaint.
v. The Complainant, the Participants, and the Procuring Entity may attend and give their
views at meetings of the Board before the Board makes its findings.
vi. The Complainant, the Participants, and the Procuring Entity may be represented by
lawyers, or by other agents approved by the Board.
vii. The Board may avoid the approval in vi. above at any time.GPA/W/90
Page 6
viii. The power and mandate of agents shall be manifested in writing.
ix. If there are two or more agents, each shall represent the principal.
x. The Complainant, the Participants, the Procuring Entity and their agents may be
accompanied by assistants, if the Board so approves.
xi. The Board may avoid the approval in x. above at any time.xii. The Complainant, the Participants, and the Procuring Entity may hear each other's
statement at meetings of the Board held in connection with the complaint, unless the
Board determines that such attendance is inappropriate.
xiii. The Board may, at the request of the Complainant, the Participants or the Procuring
Entity, or on the Board's own initiative, have witnesses testify at meetings of the
Board.
xiv. The Complainant, the Participants, and the Procuring Entity may demand to publicly
disclose the statements of views or reports which they have made at meetings of the
Board.
xv. The Board may, at the request of either the Complainant or the Procuring Entity, or
on the Board's own initiative, hold public hearings concerning the merits of the
complaint.
xvi. The Board may, if necessary, hear the views of technical experts and others with
knowledge or experience relating to the procurement under review.  In no case may
the technical experts and others have any substantive interest in the procurement.
(8) The Complainant may withdraw its complaint at any time.
(9) Reports from the Procuring Entity
i. When a duly filed complaint is received for consideration by the Board, the Procuring
Entity shall submit to the Board within 14 days from the date when the copy of the
complaint was sent to it by the Board, a written report concerning the procurement
subject to the complaint, to include:
a. relevant documentation for tendering, including the specifications or portions
thereof, relevant to the complaint;
b. a statement that sets out all relevant facts, findings, actions and
recommendations of the Procuring Entity, and that responds fully to all
allegations in the complaint;
c. any additional evidence or information that may be necessary in order to
resolve the complaint.
ii. The Board shall, immediately after receiving the report referred to in i. above, send a
copy of the report to the Complainant, the Participants, and the OGPR.  The Board
shall also give the Complainant and the Participants an opportunity to make
comments to the Board or to request that the complaint be reviewed by the Board on
the basis of the report within 7 days of receiving the copy of the report, respectively.GPA/W/90
Page 7
The Board shall, immediately upon receiving such comments or request, send copies
of the same to the Procuring Entity.
iii. The Board shall not disclose to third parties any trade secrets, manufacturing
processes, or intellectual property of the supplier, or any other confidential
commercial information, furnished by the supplier, except with the supplier's consent.
6. Findings of the Review and Recommendations
(1) The Board shall make a written report of its findings of the review, within 90 days (or 50 days
in the case of a complaint pertaining to public works) of the filing of a complaint.  In its
report, the Board shall set forth the basis for its findings of the review and shall indicate
whether or not the complaint was found warranted either in full or in part.  It shall also
indicate whether or not the procurement breached specific provisions of the Agreement or
other Measures.
(2) Where the Board finds that any provision of the Agreement or other Measures were not
followed, the Board shall accompany the report with written recommendations concerning
appropriate remedies, which may include one or more of the following:
i. that new procurement procedures be conducted;
ii. that re-procurement be conducted without changing conditions for procurement;iii. that the procurement be reevaluated;
iv. that the contract be executed with a different supplier;
v. that the contract be terminated.
(3) In making its findings of the review and recommendations, the Board shall consider the
circumstances surrounding the procurement process under review, including the seriousnessof deficiency in the procurement process, the degree of prejudice to all or any suppliers, the
extent of impediment to the integrity and effectiveness of the Agreement or other Measures,
the good faith of the Complainant and the Procuring Entity, the extent of performance of the
contract relating to the procurement, the cost of the recommendations to the Government of
Japan, the urgency of the procurement, and the impact of the recommendations on theoperations of the Procuring Entity.
(4) The Board shall send its report and recommendations to the Complainant, the Participants, the
Procuring Entity, and the OGPR immediately after the completion of the report and
recommendations.
(5) The Procuring Entity shall, in principl e, and as its own decision, duly follow the
recommendations of the Board on any complaints brought appropriately before the Board.  If
the Procuring Entity has decided not to comply  with the recommendations, it shall report to
the Board with the reasons therefor within 10 days (or within 60 days in the case of a
complaint pertaining to public works) of receiving the Board's recommendations.  The Board
shall send a copy of the reasons to the OGPR immediately upon receiving such report.
(6) The Board shall respond to external inquiries concerning its findings of the review and
recommendations.GPA/W/90
Page 8
(7) Whenever the Board, in conducting review of a complaint, finds evidence of misconduct or
actions or behaviour contrary to the law relating to the procurement that is the subject of the
complaint, it shall refer the matter to the appropriate enforcement authorities for action.
7. Expedited Review Option
(1) When the Complainant or the Procuring Entity requests in writing an expeditious handling of
a complaint, the Board shall consider the feasibility of applying the procedure set out in this
section, referred to herein as the "expedited review option".
(2) The Board shall determine whether to apply expedited review option immediately upon
receiving a request for the same, and shall notif y the Complainant, the Procuring Entity, the
Participants, and the OGPR as to whether this option is to be applied.
(3) When the expedited review option is applied, the time limits and procedures are set forth as
follows:
i. The Procuring Entity shall, within 6 work ing days of receiving notification from the
Board that the expedited review option is to be applied, submit a written report on the
complaint as specified in 5.(9) above to the Board.  The Board shall send a copy of
the report to the Complainant and the Participants immediately upon receiving the
same.  The Board shall give the Complainant and the Participants an opportunity tocomment to the Board or to request that the case be decided on the basis of the report
within 5 days of receiving this copy, respectively.  The Board shall, immediately
upon receiving the comments or requests, send a copy to the Procuring Entity.
ii. The Board shall make a report of its findings of the review and any recommendations
within 45 days (or 25 days in the case of a complaint filed with respect to publicworks, telecommunications products and services, and medical technology products
and services) from the date when the complaint was filed.
8. Public Release of Status of Receipt and Review of Complaints
The OGPR shall periodically release to the public summaries of the status of receipt and
review of complaints with respect to government procurement.
9. Document Retention
In order to contribute to the complaint review  process, each procuring entity shall maintain
complete documentation on the procurement that falls under the Agreement or other Measures at least
for 3 years (or 5 years in the case of public works, telecommunications products and services, and
medical technology products and services) from the date of the contract execution.GPA/W/90
Page 9
10. Application
(1) The Procedures above shall apply to complaints filed on or after 1 January 1996.
(2) In the event that the Procedures should co nflict with those provided for in "Revised
Procedures to introduce Supercomputers (adopted by the Committee for Drawing Up and
Promoting the Action Program, on 19 April 1990)", in "Procedures for the Procurement ofNon-R&D Satellites (adopted by the Committee for Drawing Up and Promoting the Action
Program, on 14 June 1990)", or in "Measures Related to Japanese Public Sector Procurement
of Computer Products and Services (adopted by the Committee for Drawing Up and
Promoting the Action Program, on 20 January 1992)", the procedures set forth in the quoted
documents shall prevail.GPA/W/90
Page 10
CODE OF SCHEDULES FOR REVIEW PROCEDURES FOR COMPLAINTS
CONCERNING GOVERNMENT PROCUREMENT
(Provisional Translation)
11 January 1999
Decision by the Office of Government Procurement Review
We adopt the Code of Schedules for Review Procedures for Complaints Concerning
Government Procurement as follows.
1. Filing of Complaints
(1) Definition of "persons who were capable of supplying the product or service"
"Persons who were capable of supplying the product or service" in the Procedures 2.(1)i.
should be those who have or had an interest in the procurement, and include the following.
i. Those who participated in tendering:
a. Those who participated in open tendering.
b. Those who participated in selective tendering.
c. Those who made any response to single tendering.
ii. Those who did not participate in tendering despite had planned to:
a. Those who did not participate in tendering due to breaches in the 
procurement procedures.
b. Those who could not participate in tendering due to selective tendering or 
single tendering.
c. Those who were not allowed to participate in tendering.
iii. Those who indirectly participate in tendering (including single tendering).
(2) Termination of Consultations
Either the supplier or the procuring entity may terminate the consultation under the
Procedures 2.(2) at any time.
(3) Counting the days during consultation
If a complaint is not settled by the consultation under the Procedures 2.(2), the period for
filing a complaint will toll for the period of consultation.GPA/W/90
Page 11
2. Calculation of Time in the Procedures
(1) Definition of "a Japanese government agency holiday"
"A Japanese government agency holiday" mean s days defined in "Government Holiday Law,
article 1.1."
3. Participants
(1) Notification of participation
The intent to participate under the Procedures 4.(3) shall, in writing and providing reasons
therefor, be notified to the Board.
(2) Withdrawal of participation
i. Withdrawal of participation under the Procedures 4.(4) shall be notified in writing.ii. The Board shall promptly notify the withdrawal of participation under the
Procedures 4.(4) to the parties in writing.
4. Complaint Review Process
(1) Period in the case of filing complaint by mail
If a complaint in the Procedures 5.(1) is sent by mail, the complaint is regarded as having
been filed on the day the mail was postmarked.  (When the mail is not postmarked or not
postmarked clearly, the complaint shall be regarded as having been filed on the day
determined in consideration of the period which the mail usually requires to be delivered.)
(2) Understanding of "7 working days"
It sometimes requires more than 7 working da ys to determine whether a complaint should be
dismissed by the Procedures 5.(2).  Thus, althoug h a complaint shall be dismissed in principle
within 7 working days after it was filed, some complaints may be dismissed exceptionally
beyond 7 working days.
(3) Remedy for misleading guidance
If the Procuring Entity or the Secretariat of the Board indicates to a Complainant a longer
period for filing a complaint than the proper period, and a complaint is filed during the
indicated period, the complaint shall be regarded as being filed timely.
(4) Public announcement of filing Complainant
Public announcement under the Procedures 5.(5) shall be published in "The Method of Public
Announcement when a Complaint is Filed" (the decision of the Chairperson of the
Government Procurement Review Board, 26 December 1995).
(5) Definition of procuring entities
Procuring entities include central government agencies.  They are all agencies which are
subject to "The Accounts Law" (they include internal bureaus, external bureaus, attachedGPA/W/90
Page 12
agencies, other agencies and local branches defined in "National Administration Organization
Law") and the government related agencies (the entities in the Agreement on Government
Procurement Appendix I, Annex 3, and the agencies which are subject to "Measures Related
to Japanese Public Sector Procurement of Computer Products and Services (adopted by the
Committee for Drawing Up and Promoting the Action Program, on 20 January 1992)").
(6) Definition of the head of procuring entities
The head of procuring entities is the head of the ministries and agencies defined by "The
Finance Law, article 20.2" and the head of the government related agencies.
i. As far as ministries and agencies are concerned, if the budget expenditure authority is
delegated to the budget expenditure officer under "Accounting Law, article 13", thebudget expenditure officer may be regarded as the head of the procuring entities.
ii. As far as government related agencies are concerned, if the budget expenditure
authority is delegated to an officer by regulations, the officer may be regarded as the
head of the procuring entities.
(7) Request for approval of agents
i. When the Complainant requests a lawyer as an agent, the name and address of the
lawyer's office and the name of lawyer association which the lawyer belongs to shall
be manifested in a writing which shall also manifest the power and mandate of the
agent in the Procedures 5.(7)viii.
ii. When the Complainant requests an agent other than a lawyer under the
Procedures 5.(7)vi., the name, occupation, relations with the Complainant, and any
other information enough to judge whether the agent is suitable as a representative
shall be manifested in writing.
iii. The writing which manifests the mandate of the agent under the Procedures 5.(7)viii.
shall be attached to the writing in ii. above.
(8) Requests for approval of assistants
When the Complainant requests an assistant under the Procedures 5.(7)x., the name,
occupation, relationship with the Complainant, and any other information enough to judge
whether the designated person is suitable as an assistant, shall be manifested in writing.
(9) Definition of "any substantive interest"
Technical experts and others who have "any substantive interest" in the Procedures 5.(7)xiv.
are defined as either persons who were concerned in the procurement process under review,
including engineers, advisors, and architects, or persons who have an employment
relationship with the Complainant, including, but not necessarily limited to, relatives of the
Complainant.
(10) Withdrawal of complainants
i. Withdrawal of the complaint under the Procedures 5.(8) shall be manifested in
writing.GPA/W/90
Page 13
ii. When the Board receives withdrawal of co mplaint in the Procedures 5.(8), the Board
shall promptly notify it to the parties in writing.
(11) Non-disclosure of the "report from the Procuring Entity"
The Board requests the Complainant and the Participants not to disclose the "Report from the
Procuring Entity" in the Procedures 5.(9)i. except to the parties.
(12) Definition of "commercial information"
The "commercial information" in the Procedures 5.(9)i. means the useful technical or trade
information for the business activities which is not disclosed.
5. Findings of the Review and Recommendations
(1) Attachment of the report concerning minor opinions
When the Board makes report in the Procedures 6.(1), if one or more members of the Board
request to write the minor opinions, the Board may attach the minor opinions to the report.
(2) Public release of "findings of the review and recommendations"
The Board will decide the form in which "findings of the review and recommendations" in the
Procedures 6.(1) and 6.(2) will be publicly released.
6. Public Release of Status of Receipt and Review of Complaints
Public release under the Procedures 8. shall be published in "The Method of Public Release of
Status of Receipt and Review of Complaints (the decision by the Head of the Office of
Government Procurement Review, 30 July 1996)".
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