In forceAmended2020 Revised Edition

Contents

Government Procurement Act 1997 · 2020 Revised Edition · Part 1 · Preliminary

4. Application

Amended

Last amended by an amending law of 2014. 2 amendments in all.

(1)

The Minister may, by order in the Gazette, declare any ministry or department of the Government, Organ of State or statutory board as a contracting authority for the purposes of this Act.

(2)

The Minister may, by order in the Gazette, declare a procurement to be subject to the Act.

(3)

An order made under subsection (2) may identify the procurement by one or more of the following:

(a)

the means by which the procurement is undertaken;

(b)

the contracting authority undertaking the procurement;

(c)

the goods or service, or combination of goods and service, to be procured;

(d)

the value of the procurement.

(4)

An order made under subsection (2) may specify —

(a)

the method by which the procurement is to be valued;

(b)

the circumstances under which the procurement is not a procurement subject to the Act;

(c)

the grounds on which the contracting authority may exclude a procurement, or an act or measure to be taken in relation to a procurement, from the application of all or any of the regulations made under section 6; and

(d)

the effect of an exclusion referred to in paragraph (c).

(5)

An order made under subsection (2) —

(a)

must specify that the procurement is a procurement subject to the Act in relation to all or any of the following:

(i)

all relevant States or a specified relevant State;

(ii)

all relevant Protocol States or a specified relevant Protocol State; and

(b)

may specify any supplier or class of suppliers as —

(i)

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; or

(ii)

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

Terms defined in s 2

contracting authority
Defined · s 2
“contracting authority” means a ministry or department of the Government, an Organ of State or a statutory board declared, by order made under section 4(1), as a contracting authority for the purposes of this Act;
Open s 2
procurement
Defined · s 2
“procurement” means procurement of goods or service or a combination of goods and service by any contractual means, such as purchase or lease, rental or hire‑purchase, with or without an option to buy the goods or service or combination of goods and service;
Open s 2
procurement subject to the Act
Defined · s 2
“procurement subject to the Act” means a procurement declared, by order made under section 4(2), to be a procurement subject to this Act;
Open s 2
Protocol
Defined · s 2
“Protocol” means the Protocol Amending the Agreement on Government Procurement done at Geneva on 30 March 2012;
Open s 2
relevant Protocol State
Defined · s 2
“relevant Protocol State” means a country or territory declared, by order made under section 3, as a relevant Protocol State for the purposes of this Act;
Open s 2
relevant Protocol supplier
Defined · s 2
“relevant Protocol supplier”, in relation to a procurement subject to the Act, means —(a)a supplier who is a national of Singapore or of a relevant Protocol State that is specified in an order made under section 4(2) as one to which that procurement relates;(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 Protocol State and has its principal place of business in Singapore or such relevant Protocol State; or(c)a supplier, or supplier within a class of suppliers, specified under that order as a relevant Protocol supplier or class of relevant Protocol suppliers in relation to that procurement;
Open s 2
relevant State
Defined · s 2
“relevant State” means a country or territory declared, by order made under section 3, as a relevant State for the purposes of this Act;
Open s 2
relevant supplier
Defined · s 2
“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 in an order made under section 4(2) as one to which that procurement relates;(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;
Open s 2
supplier
Defined · s 2
“supplier” means a person who sought, or who seeks, or who would have wished, to be the person to whom a contract of procurement, being a procurement subject to the Act, is awarded;
Open s 2

Report

Read on from s 5

Part 2

Regulations Governing Procurement

Read on from Part 2

Part 3

Challenge Proceedings

Read on from Part 3

Part 4

Miscellaneous

Read on from Part 4