Singapore legislation
Regulation 13
Regulation 13
Conditions for participation
Subregulation 1
A contracting authority must limit conditions for participation of suppliers in a procurement to those that are essential to ensure that a supplier has the legal and financial capacities and the commercial and technical abilities to undertake the procurement.
Subregulation 2
In establishing the conditions for participation of suppliers in a procurement, a contracting authority —
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.
Subregulation 3
In assessing whether a supplier satisfies the conditions for participation of suppliers in a procurement, a contracting authority —
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.
Subregulation 4
A contracting authority may exclude a supplier from participation in a procurement, or treat the supplier as ineligible to tender for the procurement, or refuse to shortlist the supplier for the procurement, on any of the following grounds:
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.