Subsidiary Legislation · 2025 Revised Edition
Government Procurement (Application) Order 2002
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reg 1Citation
This Order is the Government Procurement (Application) Order 2002.
reg 2Definitions
In this Order —“contract document” means a document which sets out the invitation to tender for or to negotiate a procurement contract, the terms and conditions of the contract, the specifications or descriptions of the goods or service, or goods and service, to be procured under the contract, or a document supplementary to any of these documents;“goods and services tax” means the goods and services tax chargeable under the Goods and Services Tax Act 1993;“recurring contract” means one of 2 or more contracts resulting from a single requirement for a procurement.
“contract document” means a document which sets out the invitation to tender for or to negotiate a procurement contract, the terms and conditions of the contract, the specifications or descriptions of the goods or service, or goods and service, to be procured under the contract, or a document supplementary to any of these documents;
“goods and services tax” means the goods and services tax chargeable under the Goods and Services Tax Act 1993;
“recurring contract” means one of 2 or more contracts resulting from a single requirement for a procurement.
reg 2ARelevant States and relevant Protocol States
For the purposes of the Act, the countries and territories set out in —
Part 1 of the First Schedule are relevant States; and
Part 2 of the First Schedule are relevant Protocol States.
reg 3Contracting authorities
The bodies set out in the Second Schedule are contracting authorities for the purposes of the Act.
reg 4Procurements subject to Act
Any of the following procurements is a procurement subject to the Act in relation to all relevant States and relevant Protocol States other than Australia, Canada, Japan, New Zealand, the European Union, the United Kingdom, the United States of America and the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu (Chinese Taipei) if the value of the contract in relation to the procurement is equal to or exceeds the threshold applicable to the procurement under paragraph 8:
a procurement by a contracting authority set out in Part 1 or 2 of the Second Schedule of —
goods;
one or more of the services set out in the Third or Fourth Schedule; or
a combination of goods and one or more of such services;
a procurement by a contracting authority set out in Part 6 of the Second Schedule of any of the goods set out in the Fifth Schedule or a combination of such goods.
A procurement —
by a contracting authority set out in Part 1 of the Second Schedule of —
goods;
one or more applicable services; or
a combination of goods and one or more applicable services; or
by a contracting authority set out in Part 6 of the Second Schedule of any of the goods set out in the Fifth Schedule,is a procurement subject to the Act in relation to the United States of America if the value of the contract in relation to the procurement is equal to or exceeds $161,870.
A procurement by a contracting authority set out in Part 2 of the Second Schedule of —
goods;
one or more applicable services; or
a combination of goods and one or more applicable services,is a procurement subject to the Act in relation to the United States of America if the value of the contract in relation to the procurement is equal to or exceeds $708,560.
A procurement by a contracting authority set out in Part 1 or 2 of the Second Schedule of any service set out in the Fourth Schedule, is a procurement subject to the Act in relation to the United States of America if the value of the contract in relation to the procurement is equal to or exceeds $8,857,000.
A procurement —
by a contracting authority set out in Part 1 of the Second Schedule of —
goods;
one or more of the services set out in the Third and Eighth Schedules; or (iii)a combination of goods and one or more of such services; or (b)by a contracting authority set out in Part 6 of the Second Schedule of any of the goods set out in the Fifth Schedule or a combination thereof,is a procurement subject to the Act in relation to the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu (Chinese Taipei) if the value of the contract in relation to the procurement is equal to or exceeds 100,000 Special Drawing Rights.
A procurement by a contracting authority set out in Part 2 of the Second Schedule of —
goods;
one or more of the services set out in the Third and Eighth Schedules; or (c)a combination of goods and one or more of such services,is a procurement subject to the Act in relation to the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu (Chinese Taipei) if the value of the contract in relation to the procurement is equal to or exceeds 400,000 Special Drawing Rights.
A procurement by a contracting authority set out in Part 1 or 2 of the Second Schedule of any service set out in the Fourth Schedule, is a procurement subject to the Act in relation to the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu (Chinese Taipei) if the value of the contract in relation to the procurement is equal to or exceeds 5 million Special Drawing Rights.
Any of the following procurements is a procurement subject to the Act in relation to Japan if the value of the contract in relation to the procurement is equal to or exceeds the threshold applicable to the procurement under paragraph 9:
subject to sub-paragraph (12), a procurement by a contracting authority set out in Part 1, 2 or 3 of the Second Schedule of —
goods;
one or more of the services set out in the Third, Fourth or Ninth Schedule; or
a combination of goods and one or more of such services;
a procurement by a contracting authority set out in Part 6 of the Second Schedule of any of the goods set out in the Fifth Schedule or a combination of such goods.
Any of the following procurements is a procurement subject to the Act in relation to Canada or New Zealand if the value of the contract in relation to the procurement is equal to or exceeds 130,000 Special Drawing Rights:
a procurement by a contracting authority set out in Part 1 of the Second Schedule of —
goods;
one or more of the services set out in the Third or Ninth Schedule; or
a combination of goods and one or more of such services;
a procurement by a contracting authority set out in Part 6 of the Second Schedule of any of the goods set out in the Fifth Schedule or a combination of such goods.
Subject to sub-paragraph (12), a procurement by a contracting authority set out in Part 2 or 3 of the Second Schedule is a procurement subject to the Act in relation to Canada or New Zealand if the value of the contract in relation to the procurement is equal to or exceeds 400,000 Special Drawing Rights and if the procurement is of —
goods;
one or more of the services set out in the Third or Ninth Schedule; or
a combination of goods and one or more of such services.
A procurement by a contracting authority set out in Part 1, 2 or 3 of the Second Schedule of any service set out in the Fourth Schedule is a procurement subject to the Act in relation to Canada or New Zealand if the value of the contract in relation to the procurement is equal to or exceeds 5 million Special Drawing Rights.
A procurement by a contracting authority set out in item 15 or 17 of Part 2 of the Second Schedule of one or more of the services set out in the Ninth Schedule is not subject to the Act in relation to Canada, Japan or New Zealand.
Any of the following procurements is a procurement subject to the Act in relation to Australia if the value of the contract in relation to the procurement is equal to or exceeds 130,000 Special Drawing Rights:
a procurement by a contracting authority set out in Part 1 of the Second Schedule of —
goods;
one or more of the services set out in the Third, Ninth or Tenth Schedule; or
a combination of goods and one or more of such services;
a procurement by a contracting authority set out in Part 6 of the Second Schedule of any of the goods set out in the Fifth Schedule or a combination of such goods.
Subject to the exceptions set out in Part 4 of the Second Schedule, a procurement by a contracting authority set out in Part 2, 3 or 4 of the Second Schedule is a procurement subject to the Act in relation to Australia if the value of the contract in relation to the procurement is equal to or exceeds 400,000 Special Drawing Rights and if the procurement is of —
goods;
one or more of the services set out in the Third, Ninth or Tenth Schedule; or
a combination of goods and one or more of such services.
Subject to the exceptions set out in Part 4 of the Second Schedule, a procurement by a contracting authority set out in Part 1, 2, 3 or 4 of the Second Schedule of any service set out in the Fourth Schedule is a procurement subject to the Act in relation to Australia if the value of the contract in relation to the procurement is equal to or exceeds 5 million Special Drawing Rights.
Any of the following procurements is a procurement subject to the Act in relation to the European Union if the value of the contract in relation to the procurement is equal to or exceeds 50,000 Special Drawing Rights:
a procurement by a contracting authority set out in Part 1 of the Second Schedule of —
goods;
one or more of the services set out in the Eleventh Schedule; or
a combination of goods and one or more of such services;
a procurement by a contracting authority set out in Part 6 of the Second Schedule of any of the goods set out in the Fifth Schedule or a combination of those goods.
A procurement by a contracting authority set out in Part 2 or 5 of the Second Schedule is a procurement subject to the Act in relation to the European Union if the value of the contract in relation to the procurement is equal to or exceeds 400,000 Special Drawing Rights and if the procurement is of —
goods;
one or more of the services set out in the Eleventh Schedule; or
a combination of goods and one or more of such services.
Subject to the exceptions set out in Part 5 of the Second Schedule, a procurement by a contracting authority set out in Part 1, 2 or 5 of the Second Schedule of any service set out in the Fourth Schedule is a procurement subject to the Act in relation to the European Union if the value of the contract in relation to the procurement is equal to or exceeds 5 million Special Drawing Rights.
Any of the following procurements is a procurement subject to the Act in relation to the United Kingdom if the value of the contract in relation to the procurement is equal to or exceeds 50,000 Special Drawing Rights:
a procurement by a contracting authority set out in Part 1 of the Second Schedule of —
goods;
one or more of the services set out in the Eleventh Schedule; or
a combination of goods and one or more of such services;
a procurement by a contracting authority set out in Part 6 of the Second Schedule of any of the goods set out in the Fifth Schedule or a combination of those goods.
A procurement by a contracting authority set out in Part 2 or 5 of the Second Schedule is a procurement subject to the Act in relation to the United Kingdom if the value of the contract in relation to the procurement is equal to or exceeds 400,000 Special Drawing Rights and if the procurement is of —
goods;
one or more of the services set out in the Eleventh Schedule; or
a combination of goods and one or more of such services.
Subject to the exceptions set out in Part 5 of the Second Schedule, a procurement by a contracting authority set out in Part 1, 2 or 5 of the Second Schedule of any service set out in the Fourth Schedule is a procurement subject to the Act in relation to the United Kingdom if the value of the contract in relation to the procurement is equal to or exceeds 5 million Special Drawing Rights.
In sub-paragraphs (2) and (3), “applicable service” means any service in the Universal List of Services contained in the document MTN.GNS/W/120 of the World Trade Organisation, other than a service set out in the Sixth Schedule.
Subregulation 1
Any of the following procurements is a procurement subject to the Act in relation to all relevant States and relevant Protocol States other than Australia, Canada, Japan, New Zealand, the European Union, the United Kingdom, the United States of America and the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu (Chinese Taipei) if the value of the contract in relation to the procurement is equal to or exceeds the threshold applicable to the procurement under paragraph 8:
a procurement by a contracting authority set out in Part 1 or 2 of the Second Schedule of —
goods;
one or more of the services set out in the Third or Fourth Schedule; or
a combination of goods and one or more of such services;
a procurement by a contracting authority set out in Part 6 of the Second Schedule of any of the goods set out in the Fifth Schedule or a combination of such goods.
Subregulation 2
A procurement —
by a contracting authority set out in Part 1 of the Second Schedule of —
goods;
one or more applicable services; or
a combination of goods and one or more applicable services; or
by a contracting authority set out in Part 6 of the Second Schedule of any of the goods set out in the Fifth Schedule,is a procurement subject to the Act in relation to the United States of America if the value of the contract in relation to the procurement is equal to or exceeds $161,870.
Subregulation 3
A procurement by a contracting authority set out in Part 2 of the Second Schedule of —
goods;
one or more applicable services; or
a combination of goods and one or more applicable services,is a procurement subject to the Act in relation to the United States of America if the value of the contract in relation to the procurement is equal to or exceeds $708,560.
Subregulation 4
A procurement by a contracting authority set out in Part 1 or 2 of the Second Schedule of any service set out in the Fourth Schedule, is a procurement subject to the Act in relation to the United States of America if the value of the contract in relation to the procurement is equal to or exceeds $8,857,000.
Subregulation 5
A procurement —
by a contracting authority set out in Part 1 of the Second Schedule of —
goods;
one or more of the services set out in the Third and Eighth Schedules; or (iii)a combination of goods and one or more of such services; or (b)by a contracting authority set out in Part 6 of the Second Schedule of any of the goods set out in the Fifth Schedule or a combination thereof,is a procurement subject to the Act in relation to the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu (Chinese Taipei) if the value of the contract in relation to the procurement is equal to or exceeds 100,000 Special Drawing Rights.
Subregulation 6
A procurement by a contracting authority set out in Part 2 of the Second Schedule of —
goods;
one or more of the services set out in the Third and Eighth Schedules; or (c)a combination of goods and one or more of such services,is a procurement subject to the Act in relation to the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu (Chinese Taipei) if the value of the contract in relation to the procurement is equal to or exceeds 400,000 Special Drawing Rights.
Subregulation 7
A procurement by a contracting authority set out in Part 1 or 2 of the Second Schedule of any service set out in the Fourth Schedule, is a procurement subject to the Act in relation to the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu (Chinese Taipei) if the value of the contract in relation to the procurement is equal to or exceeds 5 million Special Drawing Rights.
Subregulation 8
Any of the following procurements is a procurement subject to the Act in relation to Japan if the value of the contract in relation to the procurement is equal to or exceeds the threshold applicable to the procurement under paragraph 9:
subject to sub-paragraph (12), a procurement by a contracting authority set out in Part 1, 2 or 3 of the Second Schedule of —
goods;
one or more of the services set out in the Third, Fourth or Ninth Schedule; or
a combination of goods and one or more of such services;
a procurement by a contracting authority set out in Part 6 of the Second Schedule of any of the goods set out in the Fifth Schedule or a combination of such goods.
Subregulation 9
Any of the following procurements is a procurement subject to the Act in relation to Canada or New Zealand if the value of the contract in relation to the procurement is equal to or exceeds 130,000 Special Drawing Rights:
a procurement by a contracting authority set out in Part 1 of the Second Schedule of —
goods;
one or more of the services set out in the Third or Ninth Schedule; or
a combination of goods and one or more of such services;
a procurement by a contracting authority set out in Part 6 of the Second Schedule of any of the goods set out in the Fifth Schedule or a combination of such goods.
Subregulation 10
Subject to sub-paragraph (12), a procurement by a contracting authority set out in Part 2 or 3 of the Second Schedule is a procurement subject to the Act in relation to Canada or New Zealand if the value of the contract in relation to the procurement is equal to or exceeds 400,000 Special Drawing Rights and if the procurement is of —
goods;
one or more of the services set out in the Third or Ninth Schedule; or
a combination of goods and one or more of such services.
Subregulation 11
A procurement by a contracting authority set out in Part 1, 2 or 3 of the Second Schedule of any service set out in the Fourth Schedule is a procurement subject to the Act in relation to Canada or New Zealand if the value of the contract in relation to the procurement is equal to or exceeds 5 million Special Drawing Rights.
Subregulation 12
A procurement by a contracting authority set out in item 15 or 17 of Part 2 of the Second Schedule of one or more of the services set out in the Ninth Schedule is not subject to the Act in relation to Canada, Japan or New Zealand.
Subregulation 13
Any of the following procurements is a procurement subject to the Act in relation to Australia if the value of the contract in relation to the procurement is equal to or exceeds 130,000 Special Drawing Rights:
a procurement by a contracting authority set out in Part 1 of the Second Schedule of —
goods;
one or more of the services set out in the Third, Ninth or Tenth Schedule; or
a combination of goods and one or more of such services;
a procurement by a contracting authority set out in Part 6 of the Second Schedule of any of the goods set out in the Fifth Schedule or a combination of such goods.
Subregulation 14
Subject to the exceptions set out in Part 4 of the Second Schedule, a procurement by a contracting authority set out in Part 2, 3 or 4 of the Second Schedule is a procurement subject to the Act in relation to Australia if the value of the contract in relation to the procurement is equal to or exceeds 400,000 Special Drawing Rights and if the procurement is of —
goods;
one or more of the services set out in the Third, Ninth or Tenth Schedule; or
a combination of goods and one or more of such services.
Subregulation 15
Subject to the exceptions set out in Part 4 of the Second Schedule, a procurement by a contracting authority set out in Part 1, 2, 3 or 4 of the Second Schedule of any service set out in the Fourth Schedule is a procurement subject to the Act in relation to Australia if the value of the contract in relation to the procurement is equal to or exceeds 5 million Special Drawing Rights.
Subregulation 16
Any of the following procurements is a procurement subject to the Act in relation to the European Union if the value of the contract in relation to the procurement is equal to or exceeds 50,000 Special Drawing Rights:
a procurement by a contracting authority set out in Part 1 of the Second Schedule of —
goods;
one or more of the services set out in the Eleventh Schedule; or
a combination of goods and one or more of such services;
a procurement by a contracting authority set out in Part 6 of the Second Schedule of any of the goods set out in the Fifth Schedule or a combination of those goods.
Subregulation 17
A procurement by a contracting authority set out in Part 2 or 5 of the Second Schedule is a procurement subject to the Act in relation to the European Union if the value of the contract in relation to the procurement is equal to or exceeds 400,000 Special Drawing Rights and if the procurement is of —
goods;
one or more of the services set out in the Eleventh Schedule; or
a combination of goods and one or more of such services.
Subregulation 18
Subject to the exceptions set out in Part 5 of the Second Schedule, a procurement by a contracting authority set out in Part 1, 2 or 5 of the Second Schedule of any service set out in the Fourth Schedule is a procurement subject to the Act in relation to the European Union if the value of the contract in relation to the procurement is equal to or exceeds 5 million Special Drawing Rights.
Subregulation 19
Any of the following procurements is a procurement subject to the Act in relation to the United Kingdom if the value of the contract in relation to the procurement is equal to or exceeds 50,000 Special Drawing Rights:
a procurement by a contracting authority set out in Part 1 of the Second Schedule of —
goods;
one or more of the services set out in the Eleventh Schedule; or
a combination of goods and one or more of such services;
a procurement by a contracting authority set out in Part 6 of the Second Schedule of any of the goods set out in the Fifth Schedule or a combination of those goods.
Subregulation 20
A procurement by a contracting authority set out in Part 2 or 5 of the Second Schedule is a procurement subject to the Act in relation to the United Kingdom if the value of the contract in relation to the procurement is equal to or exceeds 400,000 Special Drawing Rights and if the procurement is of —
goods;
one or more of the services set out in the Eleventh Schedule; or
a combination of goods and one or more of such services.
Subregulation 21
Subject to the exceptions set out in Part 5 of the Second Schedule, a procurement by a contracting authority set out in Part 1, 2 or 5 of the Second Schedule of any service set out in the Fourth Schedule is a procurement subject to the Act in relation to the United Kingdom if the value of the contract in relation to the procurement is equal to or exceeds 5 million Special Drawing Rights.
Subregulation 22
In sub-paragraphs (2) and (3), “applicable service” means any service in the Universal List of Services contained in the document MTN.GNS/W/120 of the World Trade Organisation, other than a service set out in the Sixth Schedule.
reg 5Exclusions
Despite paragraph 4, a procurement —
set out in the Seventh Schedule; or
made by a contracting authority on behalf of an entity which is not a contracting authority,is not a procurement subject to the Act.
For the purposes of sub-paragraph (1)(b), “entity” includes —
any person; or
a department of the Government or of a statutory body. (3) Despite paragraph 4, a contracting authority may exclude a procurement, or an act or measure in relation to a procurement, from the application of all or any regulations made under section 6 of the Act, if —
such exclusion is necessary for reasons of national security;
such exclusion is necessary to protect public morals, order or safety, human, animal or plant life, or any intellectual property right of the Government or any other party;
the contract of procurement is or is intended to be awarded to an institution assisting handicapped persons, a non‑profit organisation or a penal institution; or
the procurement concerned is a procurement of one or more of the services set out in the Third Schedule, and such exclusion is consistent with —
the terms, conditions, limitations and qualifications set out in Singapore’s Schedule of Commitments under the General Agreement on Trade in Services; or
the exemptions set out in Singapore’s List of Article II Exemptions under the General Agreement on Trade in Services.
Subregulation 1
Despite paragraph 4, a procurement —
set out in the Seventh Schedule; or
made by a contracting authority on behalf of an entity which is not a contracting authority,is not a procurement subject to the Act.
Subregulation 2
For the purposes of sub-paragraph (1)(b), “entity” includes —
any person; or
a department of the Government or of a statutory body.
Subregulation 3
Despite paragraph 4, a contracting authority may exclude a procurement, or an act or measure in relation to a procurement, from the application of all or any regulations made under section 6 of the Act, if —
such exclusion is necessary for reasons of national security;
such exclusion is necessary to protect public morals, order or safety, human, animal or plant life, or any intellectual property right of the Government or any other party;
the contract of procurement is or is intended to be awarded to an institution assisting handicapped persons, a non‑profit organisation or a penal institution; or
the procurement concerned is a procurement of one or more of the services set out in the Third Schedule, and such exclusion is consistent with —
the terms, conditions, limitations and qualifications set out in Singapore’s Schedule of Commitments under the General Agreement on Trade in Services; or
the exemptions set out in Singapore’s List of Article II Exemptions under the General Agreement on Trade in Services.
reg 6Effect of exclusion
Where a contracting authority is entitled under paragraph 5(3) to exclude a procurement or an act or measure in relation to a procurement from the application of all or any regulations made under section 6 of the Act, the contracting authority is not required, in carrying out the procurement, act or measure, to comply with those regulations from which application the procurement, act or measure has been excluded.