Singapore legislation
Clause 18
Clause 18
Determination on challenge
(1)
The Tribunal shall issue its determination on a challenge within 45 days from the date of lodgment of the Notice of Challenge by the applicant unless there are exceptional circumstances justifying an extension of time.
(2)
Subsection (1) shall not apply if the challenge has been disposed of under section 15.
(3)
If the Tribunal makes a determination in favour of the applicant, it may do one or more of the following:
order any decision or action taken by the contracting authority concerned in relation to the procurement which is the subject of the challenge to be set aside;
order the contracting authority to make a decision or take action, in accordance with the applicable regulations made under section 6, in place of that which has been set aside under paragraph (a);
order the contracting authority to amend any document pertaining to the procurement;
order the contracting authority to pay to the applicant the costs of participation in the qualification of suppliers, or the costs of tender preparation, reasonably incurred by the applicant for the purposes of the procurement.
(4)
An order made under subsection (3)(b) may specify the decision or action which the contracting authority is to make or take.
(5)
Notwithstanding subsection (3), if —
the Tribunal makes a determination in favour of the applicant; and
the contract for the procurement has already been awarded,the Tribunal may only —
make an order under subsection (3)(d); or
if the applicant did not incur any of the costs referred to in subsection (3)(d), award the applicant the costs of the challenge proceeding in accordance with section 21.