Reference would need to be made to the conditions of tendering for the particular tender to ascertain the terms relating to the supplier’s right to modify its tender submission. 2.3 Are there financial thresholds for determining individual contract coverage? We do not discriminate in favour of or against any supplier. Generally, the Prevention of Corruption Act and the Penal Code regulate the corrupt solicitation, receipt, giving, promising or offering of gratification with a view to inducing, rewarding or favouring any person. Such factors include whether the bids submitted by the suppliers comply with the requirements set out in the tender specifications, the quality of the goods and services, timeliness in delivery, reliability and after-sales service, etc. Procurement U provides professional development opportunities, training, resources, publications and more that are specifically tailored to meet the needs of public procurement officials and staff. 5.4 What are the limitation periods for applying for remedies? In line with Singapore Government's procurement guidelines, MINDEF and its procurement entities adopt two main procurement methods [ 2] - the Invitation-to-Quote and Invitation-to-Tender. The GP Regulations also provide that a contracting authority is prohibited from providing a supplier any information regarding a particular procurement where such a provision might prejudice fair competition between suppliers. Guide to Government Procurement of Design Services Great design can transform Singapore and build an innovative economy and a more loveable city. For local procurements, where the procurement contract exceeds S$3,000, invitations for quotations and tenders for such contracts are required to be posted openly on GeBIZ. The GP Regulations expressly state that a contracting authority shall conduct procurement in a transparent and impartial manner that avoids conflicts of interest. Singapore is a hot place and we love our air-conditioners! Approval for procurement must be sought before any purchase can be made. 5.1 Does the legislation provide for remedies and if so what is the general outline of this? The GP Regulations provide that a contracting authority shall conduct procurement in a transparent and impartial manner that prevents corrupt practices. The statutory provisions will generally address the specific industry or sector-specific requirements which may arise in the particular privatisation. The Dutch government procures around € 73 billion worth of work, services and supplies every year. 1.5 How does the regime relate to supra-national regimes including the GPA, EU rules and other international agreements? 120) (“Act”). However, a contracting authority is prohibited from carrying out limited tendering with a view to avoiding competition or protecting suppliers established in Singapore or otherwise in a manner which is discriminatory against any applicable supplier. Such goods include mechanical power transmission equipment, plumbing, heating and sanitation equipment, pumps and compressors, measuring tools, and materials handling equipment. The Act applies to procurements of specific goods and services by specific contracting authorities. Challenges may be brought before the Tribunal. Generally, contracts entered into within groups should be executed on an arm’s length basis. Reference would need to be made to the terms of the contract itself to ascertain this. Government Procurement – An OverviewWho buys your Goods and Services?Individual ministries, departments and statutory boards buy goods and services fortheir use.For goods and services that are commonly procured by the public sector, sourcingis done centrally by the Expenditure and Procurement Policies Unit (EPPU) under theMinistry of Finance, Defence Science and Technology Agency (DSTA), InfocommDevelopment Authority of Singapore … 2.6 Are there special rules for the conclusion of framework agreements? The highest paid Singapore Government employees are Senior Managers at $82,000 annually. 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; (e) any contract of employment with a contracting authority; (f) However, under the GP Regulations, a contracting authority is prohibited from providing any supplier with any information which might prejudice fair competition between suppliers. The segregation of key procurement roles and responsibilities serves to ensure there are checks and balances in the system. Singapore recently ratified the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (“CPTPP”) on 19 July 2018. Privatisations of particular public functions are generally undertaken by way of statute, which set out the processes by which the functions are privatised. If the Tribunal makes a determination in favour of the Applicant, the Tribunal may, subject to the provisions of the Act, make certain orders, such as ordering any decision or action taken by the contracting authority concerned in relation to the procurement which is the subject of the challenge to be set aside. Our first Prime Minister, Mr Lee Kuan Yew, famously named the air-conditioner as the most important invention of the 20th century. There are generally no mandatory or special rules relating to government/public sector procurement that are specific to a particular sector, or class of sectors, in Singapore. Contracting authorities typically call open procedure tenders to ensure transparency and fair competition, as well as to derive the best public value through open competition. Singapore is a signatory to the GPA and various bilateral and regional Free Trade Agreements. 3.4 What are the rules on evaluation of tenders? Generally, a contracting authority may only use open tendering or selective tendering. We are not aware of any proposed regulatory developments at the time of writing. These audits cover the proper accounting of public moneys and use of public resources so as to enhance public accountability. 3.8 What methods are available for joint procurements? 224), and the Official Secrets Act (Cap. The PSPC is administered by the Building and Construction Authority, on behalf of the Ministry of Finance to serve the procurement needs of government departments, statutory bodies and other public sector organisations. Singapore’s Government Policy Framework … We are not aware of any mandatory or special rules specific to “in-house” arrangements (in which a contracting authority awards the procurement contract to another contracting authority). Singapore The Singapore Government procures from sources that can best meet its requirements and which offer the best value. More than 150 systems classified as 'restricted' and below have been moved to the commercial … Where a contracting authority rejects such a request or application, ceases to recognise the supplier as qualified, or removes the supplier from a multi-use list, the contracting authority is required to inform the supplier promptly and, on the request of the supplier, provide the supplier promptly with a written explanation of the reasons for its decision. 241), the Penal Code (Cap. A supplier who wishes to bring a challenge before the Tribunal (“Applicant”) shall, within 15 days from the date on which the facts constituting the basis of the challenge first took place, initiate a challenge by lodging with the Registrar a notice of challenge (and at such a time, deposit a sum of S$5,000 with the Registrar), paying the Registrar the relevant fee for bringing a challenge before the Tribunal (currently a sum of S$500), and serving a copy of the notice of challenge on the relevant contracting authority. Under the GP Regulations, if a supplier submits a bid offering a price that is abnormally lower than that of the bids submitted by other suppliers, the contracting authority may make enquiries from the supplier with the abnormally low tender, to ensure that such supplier has satisfied the conditions of participation and is capable of complying with the terms and conditions of the contract. There is no specific class of “framework agreements” under the Act, and the expression “framework agreements” is not generally regarded as a term of art. Typically, this procedure has two key stages – the short-listing of applicants via an open pre-qualification exercise, and thereafter, inviting such short-listed applicants to submit tenders. The Ministry of Finance is responsible for the Government Procurement (GP) policies, which govern how government agencies conduct their procurement. Where the selective procedure is used, there are two stages of short-listing – first, short-listing suppliers to be invited to submit a tender (via an open pre-qualification exercise, or pursuant to a multi-use list maintained by the relevant contracting authority). A contracting authority is required to allow all qualified suppliers to participate in a particular procurement, unless the contracting authority states in the notice of intended procurement any limitation as to the number of suppliers that will be permitted to tender and the criteria for selecting the limited number of suppliers. In addition, the GP Regulations expressly require a contracting authority to make available to suppliers tender documentation which contains such information as may be necessary to enable them to prepare and submit responsive tenders. How do Singaporeans benefit from our Reserves? 7.2 Are there special rules in relation to PPPs and what are the principal issues that arise in relation to them? 5.9 What mitigation measures, if any, are available to contracting authorities? The Act generally gives effect to the principle that all suppliers (whether established inside or outside Singapore) are to be treated fairly. Under the GP Regulations, a contracting authority may conduct negotiations with any supplier (i) if the contracting authority has indicated its intent to conduct negotiations in the notice of intended procurement, or (ii) 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. However, no amendments have been proposed at the time of writing. The PPP Handbook does not have the force of law, but seeks to address the specific considerations and issues that may arise with respect to PPPs. Singapore’s public procurement framework is thus generally aligned with the standards and obligations of such international agreements. Thereafter, the short-listed suppliers will be invited to submit tenders. 1 Department of Finance 2017, Statistics on Australian Government Procurement Contract. Singapore Open Data Licence: Similar Datasets. Allen & Gledhill LLP, The International Comparative Legal Guides and the International Business Reports are published by: Global Legal Group, The guide is valuable to use with its overview of the recent developments of product liability systems particularly in countries from EU...the reference guide will be a useful part of our library collection.Borislav Boyanov, Partner - Borislav Boyanov & Co, Bulgaria, © 2002-2020 Copyright: ICLG.com | Our Privacy, Register with us FREE Our Tender Portal provide information on E-procurement, Public Tenders, Government bids, International Bidding opportunities etc. 5.3 Before which body or bodies can remedies be sought? For example, the GP Regulations stipulate that the identity of the supplier to whom a contracting authority must award the procurement contract (save that a contracting authority may decide not to award the contract at all, if it is of the opinion that it is in the public interest not to award such a contract) should be one which (a) has been determined by the contracting authority to be capable of complying with the terms and conditions of the contract, and (b) which, based on the evaluation criteria set out in the notice of intended procurement and the tender documentation, has submitted either the lowest price (where price is the sole criterion), or the most advantageous tender (where price is not the sole criterion). Subject to certain exceptions, the contracting authority is required, as soon as possible after the award of a contract in respect of a procurement using open tendering or selective tendering, to inform all tenderers who had participated in the procedure of its decision on the award. The principle is that upholding value for money does not necessarily mean awarding the contract to the lowest bid. Last updated on 18 Nov 2020. The Act, and the subsidiary legislation made under it, do not expressly provide for such changes. The GP Regulations generally regulate procurements which are subject to the Act, and set out the types of procedure which may be used in undertaking procurements. 8.1 Are there any proposals to change the law and if so what is the timescale for these and what is their likely impact? The GP Regulations also stipulate the minimum time period which must be prescribed by contracting authorities, which is 40 days from the date on which: (i) in the case of open tendering, the notice of intended procurement is published in an approved medium; and. 6.2 What is the scope for negotiation with the preferred bidder following the submission of a final tender? In relation to modifications made by a supplier: The Act and its subsidiary legislation do not contain express provisions dealing with the specific issue of whether modifications may be made by a supplier after submission by the supplier of its tender bid. value for money, equal treatment, transparency) and are these principles relevant to the interpretation of the legislation? Visit PayScale to research procurement manager salaries by city, experience, skill, employer and more. If not, what are the underlying principles governing these issues? Decisions in relation to such cases are useful and instructive, and may shed light on such situations as referred to above. 3.5 What are the rules on the evaluation of abnormally low tenders? Procurement Best Practices Guide. Singapore government pushes on with cloud migration. social value)? (iv) Anti-corruption. 2.4 Are there aggregation and/or anti-avoidance rules? Such factors include the quality of the goods and services, timeliness in delivery, reliability and after-sales service, and the ability of the supplier to meet the requirements and objectives of the tender (please refer to question 1.2 above). Upon request by an applicable supplier, a contracting authority shall promptly provide any information necessary to determine whether a procurement was conducted fairly, impartially and in accordance with the GP Regulations, including information on the characteristics and relative advantages of the successful tender. The average salary for a Procurement Manager in Singapore is S$72,464. Indeed, a contracting authority may, in such a situation, choose not to apply the provisions in the GP Regulations that provide for a sufficient time period to be given to suppliers to prepare and submit requests for participations and tenders (mentioned above). Such tenders are by invitation only, and may be open to one or a few suppliers. The GP Order expressly states that a procurement requirement shall not be divided by a contracting authority with the intention of avoiding the application of the Act. (iii) Value-for-money. The rules applicable to “procurements” under the Act and its subsidiary legislation would generally apply to such contracts. Please use our online services (e.g. 2.1 Which categories/types of entities are covered by the relevant legislation as purchasers? The purpose of the Act is to give effect to the GPA and Singapore’s obligations relating to procurements by the government and public authorities (including those under such Free Trade Agreements). For instance, the technical specifications prepared by a contracting authority must not refer to any goods or service originating from a particular place, or which were supplied by a supplier from a particular place. What comprises the reserves and who manages them? Such services include auditing and book-keeping services, systems and software consulting services, electronic data interchange, data processing services, installation and assembly work, and general construction work for buildings. 3.10 What are the rules on conflicts of interest? Such a notice shall contain the prescribed information set out in the GP Regulations (including the name and address of the supplier to whom the contract was awarded and the value of the contract awarded, or the highest and lowest offers taken into account in the award of the contract). Great design can transform Singapore and build an innovative economy and a more loveable city. As Singapore is a party to the World Trade Organisation’s Agreement on Government Procurement and several Free Trade Agreements, our GP framework is aligned with international standards and commitments. Government procurement is the acquisition of goods and services via contract by Ministries, Departments, Organs of State and Statutory Boards. The Guidelines set out principles, policies and procedures governing public procurement for public entities, as well as information and guidance for suppliers. Under the GP Order, a procurement set out in the Seventh Schedule (e.g. In cases where the release of information would prejudice competition in future tenders, a contracting authority which receives the information is not permitted to disclose it to any supplier, except after consulting with, and obtaining the agreement of, the person that provided the information. Are you an employer? Other laws of general application in Singapore may be relevant to public procurement. The principles and procedures to be adopted in evaluating and awarding a procurement contract are subject to the Act. However, the conditions of individual tenders may address this possibility. The rules applicable to “procurements” under the Act and its subsidiary legislation would generally apply to all procurements in the government/public sector. (i) Fairness. Under the Act, the Minister of Finance may declare any ministry or department of the Government of Singapore, organ of State or statutory board as a contracting authority for the purposes of the Act. There is a possibility that the statutory framework governing public procurement in Singapore will require amendments in order to meet the commitments imposed by the CPTPP. ICLG.com > Information on the Government’s procurement opportunities can be found at the GeBIZ website ( www.gebiz.gov.sg ). No particular supplier shall be treated more or less favourably than any other supplier. (ii) 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 (which is a list of suppliers that a contracting authority has determined to satisfy the conditions for participation in that list, and that the contracting authority intends to use more than once) is used. The Singapore government expects to be able to facilitate the entry and re-entry of more Long Term Pass Holders in the coming weeks. There are also strict rules prescribed by the Act and its subsidiary legislation regulating the award of procurement contracts. The Act does not expressly provide for any specific rules in relation to alternative/variant bids (i.e. of value for money does not necessarily mean that a tender or quotation must be awarded to the lowest bidder. 1.4 Are there other areas of national law, such as government transparency rules, that are relevant to public procurement? Much of this is for the primary process: roads, bridges, home care, school books, school transport, and so on. Separately, a contracting authority is required to inform promptly any supplier that submits a request for participation in a procurement, or application for inclusion on a multi-use list, of the contracting authority’s decision with respect to the request or application. Singapore. In addition, the GP Regulations also expressly state that a contracting authority shall not use options, cancel a procurement or modify awarded contracts in a manner that circumvents, amongst other things, these obligations of contracting authorities as set out under the GP Regulations. one having security considerations undertaken by the Ministry of Home Affairs), or a procurement made by a contracting authority on behalf of an entity which is not a contracting authority, is not a procurement subject to the Act. [28/2004 wef 01/09/2004] [13th May 2002] 3.6 What are the rules on awarding the contract? The Agreement on Government Procurement contains four Appendices with regard to each Party. A contracting authority is required to publish an award notice in the Gazette or GeBIZ no later than 72 days after the date of the award of a procurement contract. As mentioned, only procurement contracts, the values of which exceed certain financial thresholds, will be subject to the Act and its subsidiary legislation (please see further our response to question 2.3 above). 1. The Tribunal shall issue its determination on a challenge within 45 days from the date of lodgment of the notice of challenge by the Applicant unless there are exceptional circumstances justifying an extension of time. A breach of such a duty by the contracting authority may be the subject of a challenge brought before the Tribunal by a supplier to whom the duty is owed, and who has suffered, or reasonably risks suffering, loss or damage as a result of the breach. There are generally no mandatory or special rules that are specific to such agreements. Upon receipt of such a notice of challenge, the Registrar of the Tribunal will (i) forward a copy of the notice to the contracting authority concerned, (ii) fix a time and place for the hearing of the challenge, and (iii) give 14 days’ notice of the hearing to the Applicant and the contracting authority concerned. supply of potable water for human consumption, police, public order, public safety and security services and compulsory social security services, and research and development services). The applicable financial threshold varies depending on factors such as: (i) the identity of the relevant contracting authority; (ii) the goods and services which are the subject of the relevant procurement; and (iii) the state to which the relevant procurement relates. For example, contracting authorities are required to publish, in the Gazette or GeBIZ, certain prescribed information relating to the relevant procurement. Once the procurement contract has been awarded and signed, changes to the procurement contract may be made in accordance with general contract law. The Sixth Schedule of the GP Order also sets out certain services, the procurement of which is not subject to the Act in relation to the United States of America (e.g. The Singapore Ministry of Manpower has also begun to process Employment Pass and Dependent Pass applications for applicants even though they are not physically in Singapore. © 2020 Ministry of Finance. Generally, contracting authorities are required, unless it is inconsistent with the contracting authority’s reasonable requirements, to provide a sufficient time period for suppliers to prepare and submit requests for participations and tenders, having regard to factors such as the nature and complexity of the procurement, and the extent of anticipated sub-contracting. The evaluation of the bids submitted by suppliers should be carried out in a holistic manner. In evaluating the bids submitted by the suppliers, contracting authorities are generally required to take into account factors other than the proposed price. Sectoral/industry-specific regulation may, however, apply in the private sector (please refer to question 1.3 above). Limited tenders may only be called in specific circumstances, as prescribed in the GP Regulations (e.g. In evaluating the bids submitted by suppliers, contracting authorities are generally required to take into account factors other than the proposed price. Nevertheless, even in such situations, such time limits cannot generally be less than 25 days or 10 days, depending on the circumstances. What is the President’s role in safeguarding the reserves? An Act to give effect to the Agreement on Government Procurement and other international obligations of Singapore relating to procurements by the Government and public authorities, and for purposes connected therewith. Alternatively, if the Applicant had not incurred any of the foregoing costs, the Tribunal may award the applicant the costs of the challenge proceeding in accordance with the Act. For example, the GP Regulations expressly recognise and provide for the application of the principles of national treatment and non-discrimination under various circumstances. The Act expressly states that where a contracting authority, in undertaking a procurement subject to the Act, commits a breach of its duty to comply with the regulations made under the Act to govern procurements subject to the Act, such a breach shall not be the subject of any proceeding in any court. The CPTPP entered into force on 30 December 2018, following the ratification by Mexico, Japan, Singapore, New Zealand, Canada and Australia. Hire and retain the best talent with accurate and reliable data Benchmark Your Teams . 6.3 To what extent are changes permitted post-contract signature? 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