Singapore legislation

Clause 4

of Statutes (Miscellaneous Amendments) (No. 2) Bill

Clause 4

Amendment of Government Procurement Act

The Government Procurement Act (Cap. 120, 1998 Ed.) is amended —

(a)

by inserting, immediately after the words “Agreement on Government Procurement” in the long title, the words “and other international obligations of Singapore relating to procurements by the Government and public authorities,”;

(b)

by deleting the definition of “relevant supplier” in section 2 and substituting the following 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 as one to which that procurement relates in the order made under section 4(2) declaring that procurement as one subject to the Act;

(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;”;

(c)

by inserting, immediately after subsection (4) of section 4, the following subsection:“(5) An order made under subsection (2) —

(a)

shall specify that the procurement is a procurement subject to the Act in relation to all relevant States or a specified relevant State; and

(b)

may specify any supplier or class of suppliers as a relevant supplier or class of relevant suppliers in relation to that procurement for the purposes of paragraph (c) of the definition of “relevant supplier” in section 2.”;

(d)

by deleting subsection (1) of section 6 and substituting the following subsection:“(1) The Minister may, for the purposes of implementing the Agreement on Government Procurement and other international obligations of Singapore relating to procurements by the Government and public authorities, make regulations to govern procurements subject to the Act.”;

(e)

by deleting the word “and” at the end of section 6(2)(c);

(f)

by deleting the full-stop at the end of paragraph (d) of section 6(2) and substituting the word “; and”, and by inserting immediately thereafter the following paragraph:“(e)different provisions for different procurements.”;

(g)

by inserting, immediately after the words “relevant suppliers” in section 7(2)(a), the words “in relation to that procurement”; and

(h)

by inserting, immediately after paragraph (a) of section 15(2), the following paragraph:“(aa)the regulation made under section 6 which the contracting authority concerned is alleged to have breached is inapplicable to the procurement which is the subject of the challenge;”.