Singapore legislation

Section 16

of Government Procurement Act 1997

Section 16

Suspension order

(1)

The applicant may, at any time after the applicant has —

(a)

lodged the Notice of Challenge with the Registrar;

(b)

paid the fee mentioned in section 12(1)(b) and the deposit to the Registrar; and

(c)

served the Notice of Challenge on the relevant contracting authority,apply to the Tribunal for an order to suspend, pending the disposal of the challenge —

(d)

the procedure leading to the award of the contract for the procurement which is the subject of the challenge; or

(e)

the implementation of any decision made while undertaking the procedure mentioned in paragraph (d).

(2)

The Tribunal may make the order either unconditionally or upon such terms and conditions as the Tribunal thinks just.

(3)

The Tribunal must not make an order under this section if —

(a)

such suspension is against the public interest; or

(b)

the contract mentioned in subsection (1)(d) has already been awarded at the date of hearing of the application for the order.

(4)

If the Tribunal refuses to make an order under this section, the Tribunal must give the reasons for its refusal in writing.

(5)

Where an order under this section has been made, the contracting authority concerned may, at any time before the determination on the challenge mentioned in section 18 is made, apply to the Tribunal for the order to be varied or rescinded.

(6)

Subject to subsection (7), the Tribunal may, in its discretion, vary or rescind the order either unconditionally or upon such conditions as it thinks just.

(7)

The Tribunal must rescind the order if the continuance of such suspension is against the public interest.

(8)

The Minister may issue a certificate that such suspension, or the continuance of such suspension, in a particular case is against the public interest, and such a certificate is conclusive evidence of the matters so certified.