|| The Procurement Procedure of Non
PROCEDURES FOR THE PROCUREMENT OF NON-R&D SATELLITES (Procedures)
|| 1. POLICY
It is the policy of the Government of Japan (GOJ) to provide transparent,
open and non-discriminatory competitive procedures for the procurement
of non-R&D satellites. A competitive procedure will mean there
is no tendency, whether international or uninternational, for any
company domestic or foreign to be favored, hindered, or blocked in
its ability to supply a non-R&D satellite which meets the needs
of the procuring entity. The following Procedures are adopted in order
to implement that policy fully and effectively and will be followed
for the procurement of all non-R&D satellites. These Procedures
will be implemented while ensuring consistency with the requirements
of the GATT Agreement on Government Procurement, as amended (hereinafter
referred to as "the Code").
||SCOPE AND COVERAGE
|| These Procedures govern the procurement
of all satellites, other than R&D satellites and R&D
payloads on non-R&D satellites, by or for the GOJ, or by
any entity whose satellite procurement procedures are subject
to direct or indirect government control, including NTT.
||These Procedures will be applied
to all procurements of non-R&D satellites, including those
which include or involve new technologies.
||The same considerations as those
contained in the Code will apply to questions not specifically
mentioned in these Procedures.
For the purposes of this Arrangement (these letters and Attachments):
|| "Entity" means the GOJ or any
entity whose satellite procurement procedures are subject to direct
or indirect government control.
||"Procurement" or "to procure"
means to acquire (through purchase or lease) all satellites (or more
than minimal capacity thereon), other than R&D satellites and
R&D payloads on non-R&D satellites, by or for the use of the
procuring entity. Procurement encompasses the establishment of the
entity's needs, the description of requirements to satisfy entity
needs, solicitation and selection of suppliers, award of contracts,
contract financing, contract performance, contract administration,
and those technical and management functions directly related to the
process of fulfilling entity needs.
||"Minimal capacity" means not
more than 15 percent of the satellite's total capacity. For example,
in the case of a communications satellite, the total capacity will
be determined by multiplying the number of transponders by the designed
useful life (stated in months or years) of each transponder. In other
cases, this formula will apply where applicable. When either side
believes this formula is not applicable, it may request consultations,
which will be initiated promptly.
|| Classification of a Satellite
|| The GOJ will publish annually in
the Kanpo the Space Development Program ("Uchu Kaihatsu
Keikaku" (Program), which includes the development program
for R&D satellites. If the GOJ, before the publication of
the next Program, decides to develop a satellite as an R&D
satellite or an R&D payload on a non-R&D satellite which
was not included in the previously published Program, or decides
to modify a satellite included in the previously published Program,
it will publish that determination in the Kanpo in sufficient
detail to enable the proper classification to be ascertained.
The information that will be published will include a summary
description of all relevant aspects of the satellites.
||Where the GOJ has classified a planned
satellite as an R&D satellite or an R&D payload on a
non-R&D satellite, and a potential supplier or the Government
of the United States (USG) believes that such classification
is not consistent with the Arrangement, that supplier may request
the USG to consult, or the USG may self-initiate consultations,
with the GOJ with respect to the classification of the satellite.
The USG will make such a request promptly following the publication
of the information pursuant to Paragraph 1.1 above.
||Upon such a USG request, the two
Governments will engage in consultations in an expeditious manner.
|| When an entity has a requirement
for a non-R&D satellite, it will perform procurement planning
and conduct market research in order to promote and provide
for competition to the maximum extent possible. The purpose
of this planning is to ensure that the entity meets its needs
in the most effective and timely manner. The market research
will be used to identify potential suppliers. To the maximum
extent possible, information will be exchanged between the entity
and potential suppliers.
||The entity will publish an announcement
in the Kanpo (hereinafter referred to as "the announcement")
of its plan to procure a non-R&D satellite in accordance
with its minimum needs. The announcement will constitute an
invitation to suppliers for submission of general information
material and comments on the basic need requirements (including
available specifications and other technical information). Equal
treatment will be accorded to those suppliers responding to
the announcement. The announcement mentioned above will be published
at least 40 calendar days prior to the last day of the period
set for receiving submission of the said material and comments
||The announcement will contain the
|| the plan to acquire a satellite
and the actual minimum needs thereof;
||the deadline for submission
of material and comments;
||notice that the introduction
documentation will be sent, upon request, to suppliers
responding to the announcement, as well as the place where,
and the period when, suppliers can obtain the introduction
||notice of an explanation session
for the acquisition of a non-R&D satellite.
||Suppliers responding to the announcement
will be, upon request, provided with the relevant introduction
documentation by the entity.
||The introduction documentation will
contain, inter alia, the following:
|| the place where suppliers'
material must be submitted (contact points);
||the place where suppliers'
inquiries will be received and/or additional information
can be obtained;
||the deadline for submission
||preliminary detailed requirements
of the non-R&D satellite planned to be acquired (as
set forth in available specifications, statement of work
and other relevant documentation);
||the date and place of the explanation
session for the acquisition of a non-R&D satellite;
||The draft of the actual solicitation
and all related documents thereto, and a preliminary description
of all evaluation factors to be utilized in the evaluation
of tenders submitted in response to the solicitation to
the extent these are available.
||The entity will always hold an explanation
session with regard to the acquisition of a non-R&D satellite.
In case the date and place is not contained in the introduction
documentation, the entity will send an invitation to attend
the explanation session to all suppliers responding to the announcement,
while allowing sufficient time for suppliers to consider the
||The entity will promptly respond
to inquiries made by suppliers with respect to the content of
the announcement or introduction documentation.
||When the entity makes any amendment
to or has any additional information concerning the introduction
documentation, it will simultaneously provide the amendment
or additional information to all interested suppliers responding
to the announcement and allow sufficient time for suppliers
to submit additional material so that they can consider and
respond to such amendment or information.
||The entity may ask questions or make
inquiries to suppliers with regard to submitted material, but
will not do so in a manner that provides a discriminatory advantage
to any supplier. The entity may also, as necessary, conduct
research including performance and function verifications with
respect to submitted material.
||The entity will not disclose or divulge
material or information provided by a supplier without its consent
to any third party, including other suppliers, at any stage
of the procurement.
||The entity will not provide or deny
information in such a manner as would give any supplier a discriminatory
advantage, at any stage of the procurement.
When the procuring entity determines that a requirement exists for
a non-R&D satellite, it will develop suitable specifications for
the satellite which will include the entity's actual minimum needs.
Specifications will conform to the following requirements:
|| Technical specifications laying
down the characteristics of the non-R&D satellites to be
procured such as quality, performance, safety and dimensions,
testing and test methods, symbols, terminology, packaging, marking
and labelling, and conformity certification requirements prescribed
by the procurement entity, will not be prepared, adopted or
applied with a view to creating obstacles to international trade
nor have the effect of creating unnecessary obstacles to international
||Any technical specification prescribed
by the procuring entity will, wherever possible:
|| be in terms of performance
rather than design; and
||be based on international standards,
national technical regulations, or recognized national
||There will be no requirement or reference
to a particular trademark or name, patent, design or type, specific
origin or producer unless there is no sufficiently precise or intelligible
way of describing the procurement requirements and provided that words
such as "or equivalent" are included in the tenders.
||The procurement entity will not seek or
accept, in a manner which would have the effect of precluding competition,
advice which may be used in the preparation of specifications for
a specific procurement from a firm that may have a commercial interest
in the procurement.
|| Open tendering procedures will be
utilized, to the maximum extent possible, for the procurement
of non-R&D satellites. Open tendering procedures are those
procedures under which all interested suppliers may submit a
||Single tendering procedures will
not be used to contravene any provision in these Procedures
or the intent and purpose of this Arrangement. Single tendering
procedures are those procedures where the entity contacts suppliers
individually in accordance with the Code, Article V, Paragraphs
16 and 17.
||The entity will, when procuring non-R&D
satellites by single tendering procedures, published in the
Kanpo information concerning the procurement at least 40 calendar
days prior to the award of the contract. The entity will promptly
provide related information to suppliers who make inquiries
to it based on the information in the Kanpo.
||When, for reasons of extreme urgency
brought about by events unforseeable by the entity as provided
in the Code, Article V paragraph 16(c), a non-R&D satellite
will be procured by means of single tendering procedures, the
40-day notice requirement in Paragraph 6.3 above need not be
||Notice of Proposed Procurement
|| The entity will publish a notice
of each proposed procurement in the Kanpo. The notice will constitute
an invitation to participate in tendering procedures and will
include sufficient information for a prospective supplier to
make an informed business decision as to whether or not to participate
in the procurement.
||Each notice of proposed procurement
will contain the following information:
|| a summary description of all
relevant aspects of the non-R&D satellite to be procured
including any performance requirements;
||any delivery date;
||the address and final date
for requesting tender documents, as well as the language
or languages in which they must be submitted;
||the address of the entity awarding
the contract and providing any information necessary for
obtaining specifications and other documents;
||any economic and technical
requirements, financial guarantees and information required
||the amount and terms of payment
of any sum payable for the solicitation;
||whether the entity is inviting
tenders for purchase or lease;
||the approximate date on which
the solicitation will be issued; and
||the date that a pre-solicitation
conference will be held.
||The entity will publish in one of
the official languages of the GATT a summary of the notice of
the proposed procurement containing at least the following:
|| subject matter of the contract;
||time limits set for the submission
of tenders or an application to be invited to tender;
||addresses from which documents
relating to the contracts may be requested.
||If after publication of the notice, but
before the time set for receipt of tenders, it becomes necessary to
amend or re-issue the notice, the amendment or the re-issued notice
will be given the same circulation as the original notice.
|| The entity will use a written solicitation
to communicate the entity's needs to prospective suppliers and
to solicit tenders from them, and will for each proposed procurement
invite tenders widely from domestic and foreign suppliers of
which it has knowledge, including those that have expressed
an interest in supplying the satellite. The solicitation will
be distributed to all suppliers who request a copy. The solicitation
will contain all information necessary to enable prospective
suppliers to prepare tenders properly. If after publication
and distribution of the solicitation, but before the time set
for receipt of tenders, it becomes necessary to amend the solicitation,
the amendment will be given the same circulation as the original
||The entity will furnish identical
information concerning the procurement to all prospective suppliers
and will not provide the advantage of advance knowledge concerning
a future solicitation to any one prospective supplier. However,
the entity may provide information concerning the solicitation
to all known prospective suppliers for purposes of planning
and establishing minimum needs as provided for in Paragraph
||A pre-solicitation notice and conference
will be used as preliminary steps in order to develop or identify
interested suppliers, request preliminary information based
on a general description of the non-R&D satellite, explain
complicated specifications or aid prospective suppliers who
may later submit tenders. The entity will issue the pre-solicitation
notice to all potential suppliers and will publish the notice
in the Kanpo. Each pre-solicitation notice will include as a
minimum the following:
|| The information to be furnished
in response to the notice;
||Specific information concerning
the pre-solicitation conference, including the date, time,
location and any other relevant information; and
||A request and specified date
for receipt of an expression of interest in the procurement.
The entity will request from each potential supplier an
indication that the supplier does or does not intend to
submit a proposal in response to the solicitation. In
the event a prospective supplier elects not to respond
to the solicitation, appropriate rationale and/or reasons
should be sought and provided.
||The solicitation provided to suppliers
will contain the information necessary to permit them to submit
responsive tenders, including information required to be published
in the notice of the proposed procurement, and at a minimum
|| the address of the entity
to which tenders should be sent;
||the address where requests
for supplementary information should be sent;
||the language or languages in
which tenders and tendering documents must be submitted;
||the closing date and time for
receipt of tenders and the length of time during which
any tender should be open for acceptance;
||the persons authorized to be
present at the opening of tenders and the date, time and
place of this opening;
||any economic and technical
requirement, financial guarantees and information or documents
required from suppliers;
||a complete description of the
non-R&D satellite required or of any requirements
including technical specifications, conformity certification
to be fulfilled by the products, necessary plans, drawings
and instructional materials;
||the criteria for awarding the
contract, including any factors other than price that
are to be considered in the evaluation of tenders and
the cost elements to be included in evaluating tender
prices, such as transport, insurance and inspection costs,
and in the case of foreign products, customs duties and
other import charges, taxes and currency of payment;
||the terms of payment; and
||any other terms or conditions.
||The solicitation will also
contain the date, time and address of a pre-tender conference.
||Any prescribed time-limit for receipt
of tenders will be adequate to allow foreign as well as domestic
suppliers to prepare and submit tenders before the closing of
the tendering procedures. In determining any such time limit,
entities will, consistent with their own reasonable needs, take
into account such factors as the complexity of the proposed
procurement, the extent of sub-contracting anticipated, and
the normal time for transmitting tenders by mail from foreign
as well as domestic points.
|| Consistent with the entity's
own reasonable needs, any delivery date will take into
account such factors as the complexity of the proposed
procurement, the extent of sub-contracting anticipated,
and the realistic time required for production, de-stocking
and transport of goods from the points of supply.
||For purposes of these Procedures
applicable to the procurement of non-R&D satellites,
the prescribed time limit for receipt of tenders will
not be less than 45 days from the date of the notice of
the proposed procurement in the Kanpo.
After issuance of the solicitation and any related documentation,
and reasonably in advance of the due date established in the
solicitation for receipt of tenders, the entity will conduct
pre-tender conference. The solicitation will set forth specific
information concerning date, time, location and any other applicable
information concerning this pre-tender conference. The solicitation
will clearly state that attendance at the pre-tender conference
is recommended; however, attendance is neither required nor
a prerequisite for tender submission and will not be considered
in the evaluation.
||Submission, Receipt and Opening of
|| Tenders will normally be submitted
in writing directly or by mail and must include all the
information necessary for the evaluation of the tender,
in particular the definitive price proposed by the tenderer
(including cost and pricing data, broken down in sufficient
detail to permit a thorough evaluation of the various
cost factors) and a statement that the tenderer agrees
to all the terms, conditions and provisions of the solicitation.
If tenders by telex, telegram or telecopy are permitted
by the procuring entity, they must also meet that requirement.
The tender must be confirmed promptly by letter or by
the dispatch of a signed copy of the telex, telegram or
telecopy. Tenders presented by telephone will not be permitted.
The content of the telex, telegram or telecopy will prevail
where there is a difference or conflict between that content
and any documentation received after the time limit;
||The opportunities that will
be given to suppliers to correct unintentional errors
between the opening of tenders and the awarding of the
contract will not be permitted to give rise to any discriminatory
||A supplier will not be penalized
if a tender is received in the office designated in the
tender documentation after the time specified because
of delay due solely to mishandling on the part of the
entity. Tenders may also be considered in other exceptional
circumstances if the procedures of the entity concerned
||All tenders solicited by entities
will be received and opened under procedures and conditions
guaranteeing the regularity of the openings as well as
the availability of information from the openings. To
this effect, and in connection with open procedures, entities
will establish provisions for the opening of tenders in
the presence of either tenderers or their representatives,
or an appropriate and impartial witness not connected
with the procurement process. A report on the opening
of tenders will be drawn up in writing and retained by
the procuring entity.
|| The procuring entity will
utilize a selection procedure designed to:
||Minimize the complexity of
the solicitation, evaluation, and the selection decision;
||Ensure impartial and comprehensive
evaluation of tenders submitted by suppliers; and
||Ensure selection of the supplier
whose tender is of the overall greatest value to the entity,
considering only those evaluation factors set forth in
||Tenders will be evaluated based on
overall greatest value to the entity which is determined by
considering mission suitable functional performance factors,
relevant experience, and past performance world-wide, price,
terms and conditions, and other specified factors. Such factors
must be employed in a manner that ensures open, transparent
and non-discriminatory procedures. All factors used to evaluate
a particular procurement must be specified in the solicitation
for that procurement.
||The procuring entity will establish
the estimated contract price for the procurement of the subject
non-R&D satellite based on the prices for similar non-R&D
satellites in similar working environments in the private sector.
If that is impossible, then the best available information will
||When one or more tenders are offered
at a price equal to or less than the estimated contract price
established by the procuring entity and meet the minimum requirements
established by the procuring entity, additional rounds of tendering
will be expressly prohibited.
||The procuring entity will not require
additional tendering rounds when only one supplier is participating,
once that supplier meets the minimum requirements established
in the solicitation and has offered a price that is equal to
or less than the estimated contract price that has been established
in accordance with Paragraph 10.3 above for the procurement
of a non-R&D satellite.
||The factors that will be considered
in the evaluation of tenders and in the selection decision should
be tailored to each particular non-R&D satellite. Once established,
and set forth in the solicitation, evaluation factors and their
relative importance for a specific procurement may not be changed
without formally amending the solicitation. Any other relevant
factors may also be included which the entity considers necessary.
||To be considered for award, a tender
must, at the time of opening, conform to the essential requirements
of the solicitation. If an entity has received a tender abnormally
lower than other tenders submitted, it may inquire with the
tenderer to ensure that it can comply with the conditions of
participation and be capable of fulfilling the terms of the
||Unless in the public interest an
entity decides not to issue the contract, the entity will make
the award to the tenderer who has been determined to be fully
capable of undertaking the contract and whose tender, whether
for domestic or foreign products, is the tender which in terms
of the specific evaluation factors set forth in the solicitation
is determined to be the best overall value.
||If it appears from evaluation that
no one tender is obviously the most advantageous in terms of
the specific evaluation factors set forth in the solicitation,
the entity will, in any subsequent negotiations, give equal
consideration and treatment to all tenders within the competitive
||It is not the policy of the GOJ or
any procuring entities within their direct or indirect control
to procure non-R&D satellites based on a tender that contravenes
the Anti-Monopoly Act, including the prohibition against unjust
||Where a tender is submitted that,
because of its price or other terms, unlawfully impedes fair
competition, the tender will be deemed void in its entirety
and the procuring entity will not consider that tender in awarding
the non-R&D satellite contract.
||Any supplier that submits a tender
referred to in Paragraph 10.11 above will, as a matter of principle,
be deemed ineligible to resubmit a tender in that non-R&D
satellite procurement; and the name of such supplier will be
||Post Award Information and Notification
|| The entity will make awards as soon
as practicable after completion of the evaluation process and
will promptly notify each supplier whose tender is determined
to be unacceptable or whose tender is not selected for award
unless disclosure might prejudice the entity's interests. The
notification will, upon the request of an unsuccessful supplier,
set forth the reason(s) a tender was not accepted or selected.
In no event will the entity disclose to any third party a supplier's
trade secrets, manufacturing processes and techniques or other
confidential business information provided by a supplier.
||Upon the request of an unsuccessful
supplier, the entity will provide an opportunity to review the
unsuccessful supplier's tender and will provide information
concerning why the supplier's tender was rejected, in accordance
with the provisions of the Code, Article VI.
IV. COMPLAINT MECHANISM FOR THE PROCUREMENT OF SATELLITES
In order to provide for fair and open competition and to achieve consistency
with the provisions of these Procedures in procurements of non-R&D
satellites, the following complaint process will be effective 30 days
after these Procedures go into effect.
||Procurement Review Board
|| The GOJ will ensure that a Procurement
Review Board (Board) is established, as an independent reviewing
organization, to review complaints by potential suppliers concerning
procurement of non-R&D satellites subject to these Procedures.
The Board will have no substantial interest in the outcome of
a non-R&D satellite procurement subject to its review.
||The Board will receive complaints
in writing, conduct investigations of the facts and make recommendations
to an entity with respect to any aspect of a procurement of
a non-R&D satellite by the entity.
||The Board will be comprised of persons
who have knowledge and experience related to public sector procurements.
No member of the Board will participate in the review of a complaint
in which that member has a conflict of interest.
||Procurement Review Process
|| A potential supplier may file a
complaint with the Board when it believes the procurement has
been carried out in a manner inconsistent with the intent or
any provision of these Procedures. Potential suppliers are encouraged
to seek resolution initially with the entity of any alleged
inconsistency with these Procedures.
|| A complaint may be filed at
any time during the procurement process, but no later
than 10 days after the basis of the complaint is known
or reasonably should have been known. The potential supplier
will submit a copy of the complaint to the entity within
one day of filing it with the Board. (Days will be considered
calendar days unless otherwise specified.)
||The Board may consider a complaint,
even though not timely filed, if it finds that good cause
is shown or that a complaint raises issues significant
to the purpose of these Procedures.
||The Board will review a complaint
within seven days of its filing and may, in writing and with
reasons given, dismiss any complaint found to be:
|| not submitted in a timely
||not subject to these procedures;
||frivolous or trivial on its
||not submitted by a potential
||otherwise inappropriate for
review by the Board.
||Where the Board determines that a
complaint has been filed properly, it will notify in writing
all potential suppliers of the complaint within one day.
||Suspension of award or procurement
|| Within 10 days of the filing
of a pre-award complaint, the Board will promptly issue
written requests for suspension of the procurement process
pending resolution of the complaint.
||In the case of a post-award
complaint, filed within 10 days after the award, the Board
will promptly request in writing suspension of performance
of the contract pending resolution of the complaint.
||The entity will suspend the
procurement process or performance of the contract immediately
after it receives the Board's request, unless the head
of the entity determines that urgent and compelling circumstances
do not allow the entity to follow the request, in which
case he will immediately inform the Board of his determination
and the factual circumstances on which it is based.
|| The Board will conduct an
investigation of the complaint, which may include the
filing of briefs, pleadings and other documentation by
the complainant and entity.
||The Board may, on the request
of the complainant or entity or on the Board's own initiative,
hold a hearing on the merits of a complaint.
|| Within 25 days after the day
on which a copy of the complaint was sent to the entity,
it will file with the Board a complete written report
on the complaint, containing the following:
|| The solicitation, including
the specifications or portions thereof relevant
to the complaint;
||all other documents relevant
to the complaint;
||a statement that sets
out all relevant facts, findings, actions and recommendations
of the entity and responds fully to all allegations
of the complaint; and
||any additional evidence
or information that may be necessary in order to
resolve the complaint.
||The Board will, forthwith after
receiving the report referred to in sub-paragraph (1)
above, send a copy of the relevant material to the complainant
and give the complainant an opportunity, within seven
days after it receives the relevant material, to file
with the Board comments or request that the case be decided
on the existing record. The Board will, forthwith after
receiving the comments, send a copy to the entity.
The entity, the complainant, plus any potential supplier whose
direct economic interest would be affected by the award of,
or the failure to award, a contract may participate in a complaint
proceeding provided any potential supplier notifies the Board
of such intent within seven days after receipt of the notice
in Paragraph 3.4 above, and whereupon they would be subject
to the procedures in Paragraph 3.7.2 above, unless barred by
Paragraph 3.3 above.
||Findings and recommendations
|| The Board will make a report of
its findings and recommendations to the entity within 90 days
after the day on which the complaint is filed. Its findings,
in which the Board will grant or deny the complaint in whole
or in part, will specify whether the procurement process or
award was inconsistent with the intent or specific provisions
of these Procedures.
||Whenever the Board finds evidence
of misconduct, actions or behavior contrary to law, it will
refer the matter to the appropriate enforcement authorities
for action. For example, when it finds that there is a significant
likelihood that a contract was awarded to a supplier that had
submitted a tender that contravened any provision of the Anti-Monopoly
Act, it will report the case to, and request that, the Fair
Trade Commission (FTC) determine whether or not the Anti-Monopoly
Act has been violated and take appropriate measures.
||When the Board has referred a case
to the FTC pursuant to Paragraph 4.2 above, it will request
the entity to suspend performance of the contract, pending the
notification by the FTC of its final findings. With this request,
the entity, as a matter of principle, will suspend performance
of the contract. Upon receipt of the FTC notification, the Board
will complete its review of the complaint and where the FTC
found a violation of the Anti-Monopoly Act, the Board will recommend
an appropriate remedy to the entity.
||In making its findings and recommendations,
the Board will consider all the circumstances surrounding the
procurement process or award, including the seriousness of any
deficiency in the procurement process, the degree of prejudice
to any or all potential suppliers or to the integrity and effectiveness
of these Procedures, the good faith of the participants and
the extent of performance of the contract to which the procurement
||Where the Board finds that the intent
or any provision of these Procedures has not been realized,
it may recommend an appropriate remedy, including one or more
of the following:
|| that a new tender package
||that new offers for the contract
||that the offers be re-evaluated;
||that the contract be awarded
to another supplier; or
||that the contract be terminated.
||The Board will send its findings
in writing with its recommendations to the complainant, the
entity and any other potential suppliers, within one working
day after issuance. The Ministry of Foreign Affairs will be
provided with a copy of the findings and will respond to external
inquiries concerning the findings.
||The findings of the Board on any
complaint brought appropriately before it will be duly followed,
as a matter of principle, by the procuring entity as its own
|| Where the complainant or entity
requests in writing an expeditious handling of a complaint,
the Board will consider the feasibility of using the procedure
set out in this section, referred to herein as the "express
||The Board will determine whether
to apply the express option within two working days after receiving
a request therefor and will notify the complainant, the entity,
and any others affected, as referred to in Paragraph 3.8 above,
as to whether the express option is to be applied.
||Where the express option is applied,
the time limits and procedures will be as follows:
|| The entity will, within 10
days after the day on which it is notified by the Board
that the express option is to be applied, file with the
Board a complete report on the complaint, as specified
in Paragraph 3.7 above. The Board will, forthwith after
receiving the report, send a copy of the relevant material
to the complainant and participating suppliers. The Board
will give the complainant and participating suppliers
five days to file with the Board comments on such material
or request that the case be decided on the existing record.
The Board will, forthwith after receiving the comments,
send a copy to the entity.
||The Board will issue its findings
and recommendations on the complaint in writing within
45 days after the day on which the complaint is filed.
TYPICAL EXAMPLES OF JAPANESE RESEARCH
AND DEVELOPMENT SATELLITES*
* For the purposes of the Arrangement, all manned space systems are defined
as R&D satellites.
|| FY OF LAUNCHING
TYPICAL EXAMPLES OF
UNITED STATES RESEARCH & DEVELOPMENT SATELLITES*
OCEAN TOPOGRAPHY EXPERIMENT (TOPOX/POSEIDON)
COMET RENDEZVOUS ASTEROID FLYBY (CRAF)
COSMIC BACKGROUND EXPLORER (COBE)
HUBBLE SPACE TELESCOPE (HST)
ADVANCED COMMUNICATIONS TECHNOLOGY SATELLITE (ACTS)
EARTH OBSERVING SYSTEM (EOS)
GAMMA RAY OBSERVATORY (GRO)
ADVANCED X-RAY ASTROPHYSICS FACILITY (AXAF)
UPPER ATMOSPHERE RESEARCH SATELLITE (UARS)
GLOBAL GEOSPACE SCIENCE (GGS) PROGRAM -- POLAR, WIND MANNED SPACE SYSTEMS
* For the purposes of the Arrangement, all manned space systems are defined
as R&D satellites.