Singapore legislation
Clause 15
Clause 15
Preliminary hearing
(1)
The Tribunal may at any time, on its own motion or upon the application of the contracting authority concerned, hear and determine, as a preliminary issue and with a view to a possible final disposal of the challenge, the validity of the challenge.
(2)
For the purposes of subsection (1), the Tribunal shall declare a challenge invalid if —
the procurement which is the subject of the challenge is not a procurement subject to the Act;
the regulation made under section 6 which the contracting authority concerned is alleged to have breached is inapplicable, by virtue of an order made under section 4, to the procurement or the act or measure in relation to a procurement, which is the subject of the challenge;
the procurement which is the subject of the challenge is a procurement which has been initiated before the commencement of this Act within the meaning of section 26;
the applicant is not a supplier entitled to bring a challenge under section 7(3);
the applicant did not lodge or serve the Notice of Challenge within the time prescribed by section 12(1), unless the Tribunal is satisfied that there has been no unreasonable delay on the part of the applicant; or
the Notice of Challenge does not comply with section 12(2).
(3)
For the purposes of subsection (2)(e), the Tribunal shall take into account the date the applicant became aware, or ought reasonably to have become aware, of the facts constituting the basis of the challenge, and may, in granting any permission to the applicant to proceed with the challenge, impose such conditions as it considers just on the applicant.
(4)
If the applicant fails to comply with any of the conditions imposed by the Tribunal under subsection (3), the Tribunal may declare the challenge invalid.