Government Procurement Regulations 2014

any procurement which is excluded under paragraph 5 of the Order;

any acquisition or rental of land, existing buildings or other immovable property or the rights thereon;

any non‑contractual agreement or any form of assistance that a contracting authority provides, including any co‑operative agreement, grant, loan, equity infusion, guarantee or fiscal incentive;

any procurement or acquisition of a fiscal agency or depository service, a liquidation and management service for a regulated financial institution or a service related to the sale, redemption and distribution of public debt, including loans, government bonds, notes and other securities;

any contract of employment with a contracting authority;

any procurement conducted —

for the specific purpose of providing international assistance, including development aid;

under the particular procedure or condition of an international agreement relating to the stationing of troops or relating to the joint implementation by the signatory countries of a project; or

under the particular procedure or condition of an international organisation, or funded by international grants, loans or other assistance where the applicable procedure or condition would be inconsistent with these Regulations; or

any goods or service procured —

with a view to commercial sale or resale; or

for use in the production or supply of goods or services for commercial sale or resale.

that the goods and services of a relevant State or a relevant Protocol State are not to be treated less favourably than Singapore goods and services or the goods and services of any other relevant State or relevant Protocol State;

that an applicable supplier is not to be treated less favourably than any other applicable supplier;

that an applicable supplier established in Singapore is not to be treated less favourably than any other applicable supplier established in Singapore on the basis of the degree of foreign affiliation or ownership; (d)that an applicable supplier established in Singapore is not to be discriminated against on the basis of the country of production of the goods or services offered by that particular supplier, if the country of production is a relevant State or a relevant Protocol State.

the imposition of customs duty, or any charge on or in connection with the import of goods;

the method of levying such duty or charge;

any act the performance of which is required by any written law relating to import of goods, and any act incidental to or consequential upon such requirement.

domestic content;

licensing of technology;

investment;

counter-trade; or

other similar action or requirement.

the name and address of the contracting authority and other information necessary to contact the contracting authority and obtain all relevant documents relating to the procurement, and the cost of and terms of payment for such documents, if any;

a description of the procurement, including the nature and quantity of the goods or services to be procured or, where the quantity is not known, the estimated quantity;

in the case of a recurring contract, an estimate, where possible, of the timing of subsequent notices of intended procurement;

a description of options, where applicable;

the date of delivery of the goods, the date of performance of the service, or the duration of the contract;

the procurement method that will be used and whether it will involve negotiation or electronic auction; (g)where applicable, the address and any final date for the submission of requests for participation in the procurement;

the address and the final date for the submission of tenders;

the language in which a request for participation or tender is to be submitted;

a list and brief description of the conditions for participation of suppliers, including any requirements for specific documents or certifications to be provided by suppliers in connection therewith, unless such requirements are included in the tender documentation that is made available to all interested suppliers at the same time as the notice of intended procurement;

where, pursuant to regulation 14, a contracting authority intends to select a limited number of qualified suppliers to be invited to tender, the criteria that will be used to select them and, where applicable, any limitation on the number of suppliers that will be permitted to tender; (l)a statement that the procurement is covered by the Agreement on Government Procurement.

the subject‑matter of the procurement;

the final date for the submission of tenders or, where applicable, any final date for the submission of requests for participation in the procurement or for inclusion on a multi‑use list; (c)the address from which documents relating to the procurement may be requested.

must not impose the condition that, in order for a supplier to participate in a procurement, the supplier must have been previously awarded one or more contracts by any contracting authority; and

may impose the condition that a supplier is to have relevant prior experience where such experience is essential to meet the requirements of the procurement.

must evaluate the financial capacities and the commercial and technical abilities of a supplier on the basis of that supplier’s business activities regardless whether the activities are inside or outside Singapore; and

must base its evaluation on those conditions of participation that the contracting authority has specified in advance in the notice of intended procurement or tender documentation related to the procurement.

the supplier, being an individual, is bankrupt or has made any composition or arrangement for the benefit of his or her creditors;

the supplier, being a company, has passed a resolution or is the subject of an order by a court for the company’s winding up otherwise than for the purposes of bona fide reconstruction or amalgamation, or has had a receiver, manager or administrator on behalf of a creditor appointed in respect of the company’s business or any part thereof;

the supplier has furnished any false information or document to the contracting authority;

the supplier has committed significant or persistent breaches in the performance of any substantive requirement or obligation under any contract with any contracting authority;

the supplier has been convicted of any offence involving fraud, dishonesty or moral turpitude;

the supplier has committed professional misconduct or acts or omissions that adversely reflect on the commercial integrity of the supplier;

the supplier has failed to pay taxes under any written law;

any other ground for the debarment of suppliers published in an approved medium.

published annually; and

where published by electronic means, made available continuously.

a description of the goods or services, or categories thereof, for which the multi‑use list may be used;

the conditions for participation to be satisfied by suppliers for inclusion on the multi‑use list and the methods that the contracting authority will use to verify that a supplier satisfies the conditions;

the name and address of the contracting authority and other information necessary to contact the contracting authority and obtain all relevant documents relating to the multi‑use list;

the period of validity of the multi‑use list and the means for its renewal or termination, or where the period of validity is not provided, an indication of the method by which notice will be given of the termination of use of the multi‑use list; (e)a statement that the multi‑use list may be used for procurements to which these Regulations apply.

the notice states —

the validity period of the multi‑use list; and

that no further notice mentioned in paragraph (1) will be published; and

the notice is published by electronic means and is made available continuously during the validity period of the multi‑use list.

must examine the request; and

must not exclude the supplier from consideration in respect of the procurement on the grounds that the contracting authority has insufficient time to examine the request, unless, in exceptional cases, due to the complexity of the procurement, the contracting authority is unable to complete the examination of the request within the time period allowed for the submission of tenders.

the notice is published in accordance with regulation 15(1) (read with regulation 15(3)) and includes the information required under regulation 15(2), as much of the information required under regulation 10(2) as is available and a statement that it constitutes a notice of intended procurement or that only the suppliers on the multi‑use list will receive further notices of procurement covered by the multi‑use list; and

the contracting authority promptly provides to suppliers that have expressed an interest in a given procurement to the contracting authority, sufficient information to permit them to assess their interest in the procurement, including all remaining information required under regulation 10(2), to the extent that such information is available.

be in terms of performance and functional requirements rather than design or descriptive characteristics; and

be based on the applicable international standard or, if no such standard exists, on the applicable standard in Singapore.

to any goods —

bearing a particular trade mark or trade name;

using a particular patent, copyright, design or type;

produced by a particular producer;

supplied by a particular supplier; or

originating from a particular place; or

to any service —

bearing a particular trade mark or trade name; or

supplied by a particular supplier or a supplier from a particular place,unless the requirements of the procurement cannot be described in a manner that is sufficiently precise or intelligible, in which case the reference must be accompanied by the words “or equivalent”.

the procurement, including the nature and quantity of the goods or services to be procured or, where the quantity is not known, the estimated quantity and any requirements to be fulfilled, including any technical specifications, conformity assessment certification, plans, drawings or instructional materials;

any conditions for participation of suppliers, including a list of information and documents that suppliers are required to submit in connection with the conditions for participation;

all evaluation criteria the contracting authority will apply in the awarding of the contract, and, except where price is the sole criterion, the relative importance of such criteria;

where the contracting authority will conduct the procurement by electronic means, any authentication and encryption requirements or other requirements related to the submission of information by electronic means;

where the contracting authority will hold an electronic auction, the rules, including identification of the elements of the tender related to the evaluation criteria, on which the auction will be conducted;

where there will be a public opening of tenders, the date, time and place for the opening and, where appropriate, the persons authorised to be present;

any other terms or conditions, including terms of payment and any limitation on the means by which tenders may be submitted, such as whether on paper or by electronic means; and

any date for the delivery of goods or the performance of services.

the complexity of the procurement;

the extent of anticipated sub‑contracting; and

the realistic time required for the production, de‑stocking and transport of goods from the point of supply or for the performance of services, as the case may be.

in the case of open tendering, make available tender documentation to ensure that interested suppliers have sufficient time to submit responsive tenders;

in the case of selective tendering, provide, on request, the tender documentation to any interested supplier; and

reply to any reasonable request for relevant information by any interested or participating supplier, provided that such information does not give that supplier an advantage over other suppliers.

the nature and complexity of the procurement;

the extent of anticipated sub‑contracting; and

the normal time taken for the transmission of tenders by post from foreign as well as local suppliers in the case where electronic means are not used by the contracting authority.

in the case of open tendering — the notice of intended procurement is published in an approved medium; or

in the case of selective tendering — the suppliers are notified that they will be invited to submit tenders, whether or not a multi‑use list is used.

the contracting authority has published a notice of planned procurement mentioned in regulation 12(1) at least 40 days but not more than 12 months before the publication of the notice of intended procurement, and the notice of planned procurement contains —

a description of the procurement;

the approximate final dates for the submission of tenders or requests for participation;

a statement that interested suppliers should express their interest in the procurement to the contracting authority;

the address from which documents relating to the procurement may be obtained; and

as much of the information that is required for the notice of intended procurement under regulation 10(2), as is available;

in the case of recurring contracts, the contracting authority indicates in the initial notice of intended procurement that subsequent notices of intended procurement will provide time periods for tendering based on this paragraph; or

a state of urgency, duly substantiated by the contracting authority, renders the time period for tendering established in accordance with paragraph (3) impracticable.

the notice of intended procurement is published by electronic means;

all the tender documentation are made available by electronic means from the date of the publication of the notice of intended procurement;

the contracting authority accepts tenders by electronic means.

to not less than 13 days if the contracting authority publishes by electronic means, at the same time, both the notice of intended procurement and the tender documentation; or

to not less than 10 days if the contracting authority accepts tenders for commercial goods or services by electronic means.

include in the notice of intended procurement at least the information required in regulation 10(2)(a), (b), (f), (g), (j), (k) and (l) and invite suppliers to submit a request for participation; and

on or before the date of commencement of the time period for submission of the tender under regulation 22, provide the information required under regulation 10(2)(c), (d), (e), (h) and (i) to the qualified suppliers notified under regulation 22(3)(b).

if the contracting authority has indicated its intent to conduct negotiations in the notice of intended procurement published under regulation 10(1); or

if it appears to the contracting authority that no one tender is obviously the most advantageous in terms of the evaluation criteria set out in the notice of intended procurement or tender documentation.

ensure that any elimination of suppliers from participating in the negotiations is carried out in accordance with the evaluation criteria set out in the notice of intended procurement or tender documentation; and

when negotiations are concluded, provide a common deadline for the remaining participating suppliers to submit any new or revised tenders.

when open tendering or selective tendering was used but no tender was received;

when the tenders received under open tendering or selective tendering —

are not in compliance with the essential requirements specified in the tender documentation;

were submitted by suppliers who failed to comply with the conditions for participation in the tendering procedure; or

are collusive;

when the goods or services to be procured can only be supplied by a particular supplier and no reasonable alternative or substitute goods or services exist for any of the following reasons:

the requirement is for a work of art;

the protection of patents, copyright or other exclusive rights;

the absence of competition for technical reasons;

when the additional goods or services to be procured from the original supplier of goods or services were not included in the initial procurement with the original supplier and a change of supplier for those additional goods or services —

cannot be made for any economic or technical reason such as requirements of interchangeability or interoperability with existing goods, equipment, software, services or installations procured under the initial procurement; and

would cause significant inconvenience or substantial duplication of costs for the contracting authority;

when it is strictly necessary, for reasons of extreme urgency brought about by events unforeseeable by the contracting authority, the goods or services cannot be obtained in time by means of open tendering or selective tendering;

when the goods to be procured are goods on a commodity market;

when the contracting authority procures a prototype or a first good or service, which is to be manufactured or performed, at the contracting authority’s request, in pursuance of a contract for research, experiment, study or original development;

when the procurement concerned is subject to exceptionally advantageous conditions which will only apply for a very short period, including any disposal of a non‑routine nature by a person who is not normally a supplier and the disposal of assets of any business in bankruptcy, liquidation or receivership;

when the contract is to be awarded to the winner of a design contest, being a contest —

organised in a manner which is consistent with the principles of national treatment and non‑discrimination, especially with regard to the publication, in a manner similar to that of a notice of intended procurement, of an invitation to suitably qualified suppliers to participate in the contest;

which is judged by an independent panel of judges; and

which is organised with a view to awarding the contract to the winner.

the tender, at the time of its opening, conforms to the essential requirements of the notice of intended procurement and the summary notice and of the tender documentation; and

the supplier that submitted the tender has satisfied the conditions of participation in the tendering procedure.

where price is the sole criterion, the lowest price; or

where price is not the sole criterion, the most advantageous tender.

a description of the goods or services procured;

the name and address of the contracting authority awarding the contract;

the name and address of the supplier to whom the contract was awarded;

the value of the contract awarded or the highest and lowest offers taken into account in the award of the contract;

the date of the award;

a statement as to whether open tendering, selective tendering or limited tendering was used for the procurement; and

in the case where limited tendering was used in accordance with regulation 26, a description of the circumstances justifying the use of limited tendering.