Singapore legislation

Regulation 5

of Government Procurement (Application) Order 2002

Regulation 5

Exclusions

Subregulation 1

Despite paragraph 4, a procurement —

(a)

set out in the Seventh Schedule; or

(b)

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 —

(a)

any person; or

(b)

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 —

(a)

such exclusion is necessary for reasons of national security;

(b)

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;

(c)

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

(d)

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 —

(i)

the terms, conditions, limitations and qualifications set out in Singapore’s Schedule of Commitments under the General Agreement on Trade in Services; or

(ii)

the exemptions set out in Singapore’s List of Article II Exemptions under the General Agreement on Trade in Services.

Read in full context — Government Procurement (Application) Order 2002 →