Government Procurement Act 1997

• Jurisdiction: Singapore
• Coming into Force: 30 May 1998
• Act Number: (Original Enactment: Act 14 of 1997)
• Enactment Date: 13 May 2002
• Record Number: Cap. 120
• Published date: 30 May 1998

Government Procurement Act

(CHAPTER 120)

(Original Enactment: Act 14 of 1997)

REVISED EDITION 1998

(30th May 1998)

An Act to give effect to the Agreement on Government Procurement and other international obligations of Singapore relating to procurements by the Government and public authorities, and for purposes connected therewith. [28/2004 wef 01/09/2004]

[13th May 2002]

PART I PRELIMINARY Short title and commencement 1. This Act may be cited as the Government Procurement Act and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.* * This Act came into operation on 13th May 2002 (S 214/2002). Interpretation 2. In this Act, unless the context otherwise requires — “Agreement on Government Procurement” means the Agreement by that name done at Marrakesh on 15th April 1994 and amended by the Protocol; [Act 2 of 2014 wef 06/04/2014] “award”, in relation to a contract or tender, means to accept an offer made; “challenge proceeding” means any proceeding under Part III; “Commissioner” means the Commissioner appointed under section 8(2) and includes an acting Commissioner appointed under section 8(9); “contracting authority” means a ministry or department of the Government, an organ of State or a statutory board declared, by order made under section 4(1), as a contracting authority for the purposes of this Act; “Deputy Commissioner” means a Deputy Commissioner appointed under section 8(2); “document” includes an electronic record; “legal officer” has the same meaning as in the Government Proceedings Act (Cap. 121); “procurement” means procurement of goods or service or a combination of goods and service by any contractual means, such as purchase or lease, rental or hire purchase, with or without an option to buy the goods or service or combination of goods and service; “procurement subject to the Act” means a procurement declared, by order made under section 4(2), to be a procurement subject to the Act; “Protocol” means the Protocol Amending the Agreement on Government Procurement done at Geneva on 30th March 2012; [Act 2 of 2014 wef 06/04/2014] “qualification of suppliers” means a process undertaken by a contracting authority to shortlist suppliers for a particular procurement, a particular type of procurement or procurement in general; “relevant Protocol State” means a country or territory declared, by order made under section 3, as a relevant Protocol State for the purposes of this Act; [Act 2 of 2014 wef 06/04/2014] “relevant Protocol supplier”, in relation to a procurement subject to the Act, means — (a) a supplier who is a national of Singapore or of a relevant Protocol State that is specified in an order made under section 4(2) as one to which that procurement relates; (b) a supplier which is a company or an association or a body of persons, corporate or unincorporate, which is formed under the laws of Singapore or such relevant Protocol State and has its principal place of business in Singapore or such relevant Protocol State; or (c) a supplier, or supplier within a class of suppliers, specified under that order as a relevant Protocol supplier or class of relevant Protocol suppliers in relation to that procurement; [Act 2 of 2014 wef 06/04/2014] “relevant State” means a country or territory declared, by order made under section 3, as a relevant State for the purposes of this Act; “relevant supplier”, in relation to a procurement subject to the Act, means — (a) a supplier who is a national of Singapore or of a relevant State that is specified in an order made under section 4(2) as one to which that procurement relates; [Act 2 of 2014 wef 06/04/2014] (b) a supplier which is a company or an association or a body of persons, corporate or unincorporate, which is formed under the laws of Singapore or such relevant State and has its principal place of business in Singapore or such relevant State; or (c) a supplier, or supplier within a class of suppliers, specified under that order as a relevant supplier or class of relevant suppliers in relation to that procurement; [28/2004 wef 01/09/2004] “supplier” means a person who sought, or who seeks, or who would have wished, to be the person to whom a contract of procurement, being a procurement subject to the Act, is awarded; “Tribunal” means the Government Procurement Adjudication Tribunal established under section 8. Relevant State or relevant Protocol State 3. The Minister may, from time to time, by order published in the Gazette, declare any country or territory as a relevant State or relevant Protocol State for the purposes of this Act. [Act 2 of 2014 wef 06/04/2014] Application 4.—(1) The Minister may, by order published in the Gazette, declare any ministry or department of the Government, organ of State or statutory board as a contracting authority for the purposes of this Act. (2) The Minister may, by order published in the Gazette, declare a procurement to be subject to the Act. (3) An order made under subsection (2) may identify the procurement by one or more of the following: (a) the means by which the procurement is undertaken; (b) the contracting authority undertaking the procurement; (c) the goods or service, or combination of goods and service, to be procured; (d) the value of the procurement. (4) An order made under subsection (2) may specify — (a) the method by which the procurement is to be valued; (b) the circumstances under which the procurement is not a procurement subject to the Act; (c) the grounds on which the contracting authority may exclude a procurement, or an act or measure to be taken in relation to a procurement, from the application of all or any of the regulations made under section 6; and (d) the effect of an exclusion referred to in paragraph (c). (5) An order made under subsection (2) — (a) shall specify that the procurement is a procurement subject to the Act in relation to all or any of the following: (i) all relevant States or a specified relevant State; (ii) all relevant Protocol States or a specified relevant Protocol State; and [Act 2 of 2014 wef 06/04/2014] (b) may specify any supplier or class of suppliers as — (i) a relevant supplier or class of relevant suppliers in relation to that procurement for the purposes of paragraph (c) of the definition of “relevant supplier” in section 2; or (ii) a relevant Protocol supplier or class of relevant Protocol suppliers in relation to that procurement for the purposes of paragraph (c) of the definition of “relevant Protocol supplier” in section 2. [Act 2 of 2014 wef 06/04/2014] Certification by Minister 5.—(1) The Minister may issue a certificate certifying that a particular procurement is not a procurement subject to the Act by virtue of section 4(4)(b). (2) The Minister may issue a certificate certifying that a ground referred to in section 4(4)(c) exists in relation to a particular procurement or an act or measure in relation to a particular procurement. (3) A certificate issued under subsection (1) or (2) shall be conclusive evidence of the matters so certified.

PART II REGULATIONS GOVERNING PROCUREMENT Power to make regulations 6.—(1) The Minister may, for the purposes of implementing the Agreement on Government Procurement and other international obligations of Singapore relating to procurements by the Government and public authorities, make regulations to govern procurements subject to the Act. [28/2004 wef 01/09/2004] (2) Without prejudice to the generality of subsection (1), the regulations may prescribe — (a) the technical specifications for a procurement; (b) the procedure for qualification of suppliers for a procurement; (c) the procedure for the award of a procurement contract and the procedure following such award; (d) the provision of any information pertaining to a procurement; and (e) different provisions for different procurements. [28/2004 wef 01/09/2004] Duty of contracting authority 7.—(1) Subject to an order made under section 4(2), a contracting authority shall, in undertaking a procurement subject to the Act, comply with the regulations made under section 6. (2) The duty of a contracting authority referred to in subsection (1) is a duty owed to — (a) relevant suppliers or relevant Protocol suppliers in relation to that procurement; and [Act 2 of 2014 wef 06/04/2014] [28/2004 wef 01/09/2004] (b) such other supplier or class of suppliers as the Minister may, by order published in the Gazette, declare. (3) A breach of a duty referred to in subsection (1) shall not be the subject of any proceedings in any court but may be the subject of a challenge brought before the Tribunal by a supplier to whom the duty is owed and who has suffered, or reasonably risks suffering, loss or damage as a result of the breach.

PART III CHALLENGE PROCEEDINGS Government Procurement Adjudication Tribunal 8.—(1) For the purposes of hearing and determining challenges referred to in section 7(3), there shall be established a Tribunal to be called the Government Procurement Adjudication Tribunal consisting of the Commissioner or a Deputy Commissioner. (2) The Minister shall appoint a Commissioner and such number of Deputy Commissioners as he thinks fit. (3) The Commissioner and Deputy Commissioners shall be appointed for a period of 2 years and shall be eligible for reappointment. (4) No person shall be appointed or shall continue to hold office as Commissioner or Deputy Commissioner if he — (a) is mentally disordered and incapable of managing himself or his affairs; [21/2008 wef 01/03/2010] (b) is an undischarged bankrupt or has made any arrangement or composition with his creditors; or (c) is convicted of an offence involving dishonesty, fraud or moral turpitude or has not received a free pardon. (5) The Commissioner or a Deputy Commissioner may at any time resign from his office by giving notice in writing to the Minister. (6) The Commissioner and Deputy Commissioners shall be deemed to be public servants within the meaning of the Penal Code (Cap. 224), and shall enjoy the same judicial immunity as is enjoyed by a Judge of the Supreme Court. (7) The Commissioner and Deputy ...