Singapore legislation

Section 22

of Government Procurement Act 1997

Section 22

Procedure and powers of Tribunal

(1)

Subject to the provisions of this Act and any regulations made under this Act, the Tribunal has the power to determine the procedure to be adopted for any challenge proceeding.

(2)

The Tribunal has the following additional powers:

(a)

to summon to attend at any challenge proceeding any person whom it may consider able to give evidence in respect of the proceeding, to examine the person as a witness either on oath or otherwise and to require the person to produce such books, records or documents as the Tribunal may think necessary for the proceeding;

(b)

to allow any person attending any challenge proceeding any reasonable expenses necessarily incurred by the person in so attending;

(c)

to fix the remuneration of any expert witness appointed by the Tribunal for any challenge proceeding;

(d)

with the consent of the applicant and the relevant contracting authority, to refer the parties for mediation by such person as the parties may agree on or failing such agreement, as the Tribunal may appoint;

(e)

all the powers of the Supreme Court with regard to the enforcement of attendance of witnesses, hearing evidence on oath and punishment for contempt;

(f)

to admit or reject any evidence adduced, whether oral or documentary, and whether admissible under the provisions of any written law for the time being in force relating to the admissibility of evidence;

(g)

to conduct its proceedings or any part of its proceedings in camera; and

(h)

generally to give any direction, or to do anything, necessary or expedient for the expeditious and just hearing and disposal of any challenge proceeding.

(3)

The expenses mentioned in subsection (2)(b) and the remuneration mentioned in subsection (2)(c) form part of the costs of the challenge proceeding and, pending and subject to any order made by the Tribunal as to such costs, must be paid by the applicant or the contracting authority concerned, as the Tribunal may direct.

(4)

Evidence of anything said, or of any admission made, in the course of any mediation mentioned in subsection (2)(d) is not admissible in any proceedings before the Tribunal or any court.

(5)

Where the Minister certifies that it is against the public interest for any challenge proceeding to take place in public, the Tribunal must conduct the proceeding in camera.

Section 22 — Government Procurement Act 1997 | laws.sg