Singapore legislation
Clause 16
Clause 16
Suspension order
(1)
The applicant may, at any time after he has —
lodged the Notice of Challenge with the Registrar;
paid the fee referred to in section 12(1)(b) and the deposit to the Registrar; and
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 —
the procedure leading to the award of the contract for the procurement which is the subject of the challenge; or
the implementation of any decision made while undertaking the procedure referred to in paragraph (i).
(2)
The Tribunal may, in its discretion, make the order either unconditionally or upon such terms and conditions as the Tribunal thinks just.
(3)
The Tribunal shall not make an order under this section if —
such suspension is against the public interest; or
the contract referred to in subsection (1)(i) 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, it shall 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determination on the challenge referred to in section 18 is made, apply to the Tribunal for the order to be varied or rescinded.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 shall 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 shall be conclusive evidence of the matters so certified.