Singapore legislation

Section 2

of Government Procurement Act 1997

Section 2

Interpretation

Amended by28/20042/2014

In this Act, unless the context otherwise requires —“Agreement on Government Procurement” means the Agreement by that name done at Marrakesh on 15 April 1994 and amended by the Protocol;“applicant” has the meaning given by section 12(1);“award”, in relation to a contract or tender, means to accept an offer made;“challenge proceeding” means any proceeding under Part 3;“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 1956;“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 this Act;“Protocol” means the Protocol Amending the Agreement on Government Procurement done at Geneva on 30 March 2012;“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;“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;“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;

(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;“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.

Definition

“Agreement on Government Procurement” means the Agreement by that name done at Marrakesh on 15 April 1994 and amended by the Protocol;

Definition

“applicant” has the meaning given by section 12(1);

Definition

“award”, in relation to a contract or tender, means to accept an offer made;

Definition

“challenge proceeding” means any proceeding under Part 3;

Definition

“Commissioner” means the Commissioner appointed under section 8(2) and includes an acting Commissioner appointed under section 8(9);

Definition

“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;

Definition

“Deputy Commissioner” means a Deputy Commissioner appointed under section 8(2);

Definition

“document” includes an electronic record;

Definition

“legal officer” has the same meaning as in the Government Proceedings Act 1956;

Definition

“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;

Definition

“procurement subject to the Act” means a procurement declared, by order made under section 4(2), to be a procurement subject to this Act;

Definition

“Protocol” means the Protocol Amending the Agreement on Government Procurement done at Geneva on 30 March 2012;

Definition

“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;

Definition

“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;

Definition

“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;

Definition

“relevant State” means a country or territory declared, by order made under section 3, as a relevant State for the purposes of this Act;

Definition

“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;

(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;

Definition

“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;

Definition

“Tribunal” means the Government Procurement Adjudication Tribunal established under section 8.

Amended by28/20042/2014