bidding and contract award…basic knowledge of government contract

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Problem of contract of government and the municipal corporation which is many a thing which is pointed out as adhesion (yu [chi] ya [ku]) of official and industry.Competitive bidding, designation competitive bidding, option contract and consultation etc n/a It keeps us speaking elementary knowledge concerning “the public contract” of government and the like.

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As for the Japanese law competitive bidding principle

It is thought that tax more is used more effectively, government and the like and by deciding the right to conclude contract with competitive bidding.

It is stipulated in Japan with the law, accounting method, it must make a contract each ministry and board passing “general competitive bidding” as a general rule, that.In order to prefer general competitive bidding, concerning the contract of the municipal corporation it is stipulated even with Local Government Act.

Of course, there being 2 types in contract, the country and the municipal corporation order, those where the private trader contracts this, the country and the municipal corporation put out to the sale in the opposite direction, it is to be with some to which someone buys this, but the tip keeps explaining exclusively from here concerning the order of former.

General competitive bidding is the bid system where the many and unspecified persons trader participates.for granted, contractor to bid write a minimum amount, undertake the order of the state or local governments ( a successful bid ) you can.

if the country, counting from the day before the date the lowest bid10days before the official gazette and newspaper, must advise that there is a bid by methods such as posting. this publication this is called. local governments also, although there is no provision of the due date, it should be a public notice has also been established.

but there is no eligibility to those of ordinary skill in all the course, there is no capacity to contract or, are supposed to be eligible to participate in such a malicious trader is not given. also, to indicate whether or not to participate, the authorities must provide a document that should be explained in more detail whether you want to order something like what.

general benefits of competitive bidding

to this general competitive bidding system, 3has been that there is one benefit of.

1the second benefit is, is that it can be used effectively to save as much as possible the tax that we pay. because public money is not hell, even a little used by the competition, will be the more effective use of tax.

2there is a second that the maintenance of fairness as. was asked to be in fair agreement between the private sector is, of course, it is that even if the contract of national and local governments to place orders.

in competitive bidding contractor is located is not at all consultation, decide not to vote is because the amount of competition in public places while, fairness is ensured in this respect.

3the second, is the advantage of being able to participate in their companies evenly. old new companies companies, regardless of the size of the company also, you can join if they have power to execute the contract.

in fact many designated competitive bidding

in japan is limited trader can participate in competitive bidding designated competitive bidding often do.

the most, japan’s bid in the bidding competition like this does not mean necessarily being done. it is being done well, national and local governments, nominated by the participating companies, have done is let the bidding to only those that nominated contractor.

this designated competitive bidding this is called.

if the accounting method is a few competitors due to the nature and purpose of the contract, has been appointed and it is possible to perform competition. in local governments, the competition is supposed to make nomination for similar reasons in the order for enforcement of local government.

in fact than the general competitive bidding, this designated competitive bidding have been made many. the disgraced trader well stop nomination the disposal, there is news that, this means that a certain period of time remove from this competitive bidding.

the problem is, or to appoint a contractor for that which, is that there are no clear rules about. this officer discretion which is to increase the width of the, is a system problem that would come out to the fair can not be denied.

for suppliers to participate in the bidding to become a small number, such as public works and they, nominated contractor would have made friends in the familiar face, also the tail is broken or you unawares bid-rigging, has also been pointed out that such.

come out that well bid-rigging is the word, what does this persons . let’s look on the next page. 1first page (general competitive bidding and competitive bidding)
2first page (reason and mechanism of collusion occur)
3first page (principle of competitive bidding exception, free contract)

mechanism and the evils of bid-rigging

that our participants would decide the successful bidder and the successful bid price before the bid bid-rigging that. from competitive bidding would eliminate the competition thing.

it originally called bid-rigging discussion is the word that means. but, we would increasingly be used in another way unawares.

topic that is used in these bid-rigging and is, prior to the competitive bidding, participants bid consulted in advance, determining the bid price, undertake human (successful bidder) you say that they also determine the.

thus, this timeAcompany is sold for tens of millions of yen, the nextBcompany, its nextClet’s companies to bid secretly in the back and they decided, this is the bid-rigging. competition is nominally, in fact, huh? not have been determined to result from the other before bidding.

this is, you say what would occur because competitive bidding. for participants in competitive bidding becomes specific to the minority appointed by, tend to become acquainted with each other. sonaruto, than to compete, everyone tries to ensure a profit on the bid-rigging, it becomes that.

this is also, this national and local governments, is a disadvantage and thus also for the people and residents.

that is, minute competition does not occur, price of construction is a little more could have been really cheap, high price is because it becomes a participation in favor of the contractor. there is no meaning to those of skill in rigging otherwise and say the opposite.

collusion of the tax in that sense waste is not also lead to.

collusive bidding at the initiative of government agencies mechanism of

grand poobah of the officer is to intervene in the bid-rigging, turning them into something more than just the bid form collusive bidding at the initiative of government agencies . see here is the relationship between the adhesion of course take.

further, contains i thought this would be the authority on this bid-rigging, you may establish a bid-rigging would be. this collusive bidding at the initiative of government agencies this is called.

the mechanism is as, these things are usually. close to that person or officer to participate in bid-rigging, construction of this time in the tens of millions of yenCwould like to ask the company. the followingDturning the company regards because approached the story say something like, is that they will establish a bid-rigging.

you may also superior officer comes into play in this. became such a problem in miyazaki prefecture governor was elected is higashikokubaru, thing was that was involved in rigging the previous governor was the apex of the prefecture.

that person of high position, such as governor this constructionEregardless, inc. to come say something like, our suppliers are participating in the bid-rigging voice from heaven this is known as such and had to say.

not only come up here and waste of taxpayer money, reason come to develop into the side of the bureaucracy and corruption and collusion of suppliersis that the expression.

legislation to crack down on bid-rigging

the criminal law is sin and sin interfere with bid rigging has been prescribed. on charges of interference bid unfair to those with a cunning bid as well as violence, to bid-rigging in order to benefit illegal bid-rigging is a sin.

however, both sin lightly, 2years in prison or50has become a fine of not more than ten thousand yen. 2years in prison probation is a sin is attached.

eliminate the most competitive bid-rigging unfair trading because it is, will be subject to antitrust enforcement. the fair trade commission cease and desist order against bid-rigging contractor, you can issue a payment order for surcharge, etc..

government procurement worldwide (that national and local governments to place orders) trying to open to overseas suppliers, among mainstream movement that is, it has been said recently of the fair trade commission and has become actively seized of the bid-rigging.

also, collusive bidding at the initiative of government agencies about2002a year practices act, such as involvement in bid rigging thing that has been enacted. this is prevention act collusive bidding at the initiative of government agencies also known as. such as government officials were involved in bid-rigging, 5years in prison or250are supposed to be punished by a fine of not more than ten thousand yen.

the most, collusive bidding at the initiative of government agencies vendors and staff about it before (and even the governor) so also with the relationship of adhesions, naturally if there is a transfer of money among its?sop?you will also not subject to the crime of bribery as (you’ve got a bribe7years in prison, law is presented3years in prison or250a fine of not more than ten thousand yen) .

so far, we have summarized the issues involved in the bidding. on the next page at the end, is said to often opaque free contract such as, agreement not to bid let’s talk about. 1first page (general competitive bidding and competitive bidding)
2first page (reason and mechanism of collusion occur)
3first page (principle of competitive bidding exception, free contract)

what is a negotiated contract?

terms of the agreement it is possible to contract award. voluntary agreement is only principle of competitive bidding exception what should be permitted as special.

accounting method, if the purpose is not permitted by the nature of the contract or competition, if deemed to be disadvantageous competitive bidding and competitive bidding if you can not due to an urgent need , have recognized that the country can bid and contract without specific vendor.

in this way, of the contract that the contractor directly tied with the bid not be done free contract this is called. also has been recognized by the local government act local governments.

but, only to talk about japan as well for the first time competitive bidding principle has established a contract with. discretionary contract, must be carried out as the exception.

as the case may be national and local governments have discretionary contract,
when a small amount of contract
when you purchase a product that can not be delivered unless a specific person
when you purchase land and there is no alternative to it
when the emergency
include.

in addition to local governments, support for people with disabilities and the elderly, voluntary agreement has been allowed, such as when you buy or what is made in support of each facility.

also, bidding ended in failure, if all participants in the tender as i put a higher price than the price of the plan that is, has become possible to contract award.

negotiated contracts and corruption-related

but, i called or where the partner companies of contract award because it is left to government officials, such as, room for corruption to occur here have been left.

that is, officer (or their boss) anyway the reason is that toritsukuro~tsu, in fact what you can contract in the bidding, is not considered that such a tie with related companies purposely. here also, such as money?sop? (as well as entertainment including excess) might have been awarded.

also, contract award is also a problem with the affiliated organization, such as ministries. the affiliated organization like this, ministries and local organizations made, there has been an increase in bureaucracy or what we tenka~tsu. what can be bid, if you order in the contract award to these organizations, this is also a problem.

discretionary nature of such contract has often become a problem.

necessary to ensure transparency of contract award

the conclusion of the contract award be held behind closed doors in the government. and said of course it is suspected collusion with the reasons not to disclose properly signed a voluntary agreement.

but, nor is it will say that once narrowed the range of voluntary agreement can be. it is in it, unfair contract award may be made to own less.

also, what you need to contract award, there is no good bother to bid at a cost. it will cost you even notice, costs would have taken the time to tender procedure.

what is needed is, will be a transparent contract award. to make it clear that a voluntary agreement why why do we need, not have to fulfill their accountability as it does not become, you must also monitor national firm.

comprehensive evaluation bidding type

at the end, let me introduce something called comprehensive evaluation bidding type.

to order a public works only in the low price, later that outrageous, such as seismic impersonation……there may also be called. there, as well as price, contractor to determine what overall (successful bidder) comprehensive evaluation is that the bid is the determinant of a type.

accounting method te most advantageous thing convex country price and other conditions (omission) can be party to the agreement of the person who submitted the application and with the has been established and.

advantageous for the country, it is named for the people that there is of course, to build a quality building, be environmentally friendly, is not to be able to supplier selection criteria in addition to price, etc..

such a scheme will to be done in practice since the beginning of the heisei, now be developed guidelines for the bidding, such as public works projects for this. also, has also to allow local governments by the laws and amendments.

collusion is less likely to benefit because of factors other than price is there, why did you choose a contractor standards such as state or local governments which in any case, to ensure that transparency is a challenge in the future.

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associated index taxes and national debt, japan’s fiscal

bidding and contract award……basic knowledge of government contract reference books and materials for, please click here.

please see also:.
textbook for adults ultra-basic course in politics

basic knowledge of political terminology and basic basic knowledge of politics check here!

reference books site

seigi public contract law mitsuaki usui 2005 shinzansha inc.
proper financial management and policy implementation japan society of the finance act/hen 2005 keiso shobo

data delivery system law

1first page (general competitive bidding and competitive bidding)
2first page (reason and mechanism of collusion occur) 3first page


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