singapore government procurement guide

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 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. Singapore. 1 Department of Finance 2017, Statistics on Australian Government Procurement Contract. 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. The Ministry of Finance is responsible for the Government Procurement (GP) policies, which govern how government agencies conduct their procurement. ICLG.com > Procuring Air-Con Services in Singapore (A B2B Procurement Guide) Submitted by Ken on 2 November 2016 - 2:55PM. The Act generally gives effect to the WTO Agreement on Government Procurement (signed in Marrakesh on 15 April 1994 and entered into force on 1 January 1996) (“GPA”), and other international obligations of Singapore relating to procurements by the Government of Singapore and public authorities. Much of this is for the primary process: roads, bridges, home care, school books, school transport, and so on. 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. 5.7        What is the likely timescale if an application for remedies is made? 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. Singapore Management University Institutional Knowledge at Singapore Management University Research Collection School Of Law School of Law 2007 The Bid Challenge Procedures under the WTO Government Procurement Agreement: A Critical Study of the Hong Kong Experience Henry GAO Singapore Management University, henrygao@smu.edu.sg 7.2        Are there special rules in relation to PPPs and what are the principal issues that arise in relation to them? Procurement is therefore a key tool for ensuring quality in government services. 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). 2.4        Are there aggregation and/or anti-avoidance rules? The evaluation of the bids submitted by suppliers should be carried out in a holistic manner. If not, what are the underlying principles governing these issues? 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. Great design can transform Singapore and build an innovative economy and a more loveable city. (ii)   Transparency. Singapore’s Government Policy Framework is based on the following principles: The Government's procurement requirements, procedures and evaluation criteria for quotations and tenders are published openly on the Government Electronic Business (GeBIZ) portal. To date, there are 10925 recently closed and 728 currently active tenders in the GeBiz portal. of value for money does not necessarily mean that a tender or quotation must be awarded to the lowest bidder. The statutory provisions will generally address the specific industry or sector-specific requirements which may arise in the particular privatisation. This content is for Government procurement page Our services centres are open for customers with appointments. 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. 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. Singapore 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). Our first Prime Minister, Mr Lee Kuan Yew, famously named the air-conditioner as the most important invention of the 20th century. Reference would need to be made to the terms of the contract itself to ascertain this. 2.7        Are there special rules on the division of contracts into lots? The Government of the Republic of Singapore is defined by the Constitution of the Republic of Singapore to mean the Executive branch of government, which is made up of the President and the Cabinet of Singapore.Although the President acts in his/her personal discretion in the exercise of certain functions as a check on the Cabinet and Parliament of Singapore, his/her role is largely ceremonial. 1.5        How does the regime relate to supra-national regimes including the GPA, EU rules and other international agreements? In such an event, the “estimated value” of such a recurring contract shall, generally, be based on: (i)    the aggregate of the value of the consideration given by the contracting authority under similar recurring contracts concluded during the last financial year of the contracting authority, or the period of 12 months, ending before the relevant time; or. Such a breach may, however, 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. 3.1        What types of award procedures are available? 2.1        Which categories/types of entities are covered by the relevant legislation as purchasers? GOVERNMENT PROCUREMENT: A BEST PRACTICES GUIDE E-mail: SMEC@sbf.org.sg Website: http://www.sbf.org.sg/business-advocacy/sme-committee Developed with inputs from the business community, Ministry of Finance, Ministry of Trade and Industry, and SPRING Singapore. Singapore’s Government Policy Framework … Once the procurement contract has been awarded and signed, changes to the procurement contract may be made in accordance with general contract law. There are also strict rules prescribed by the Act and its subsidiary legislation regulating the award of procurement contracts. 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. 3.5        What are the rules on the evaluation of abnormally low tenders? The Agreement on Government Procurement contains four Appendices with regard to each Party. Use this document as a guide in implementing work activities in your Procurement Department that have proven to increase efficiency, cost effectiveness, … These audits cover the proper accounting of public moneys and use of public resources so as to enhance public accountability. However, the Ministry of Finance regularly reviews the procurement rules, and enhances and makes changes to the rules where necessary. if a state of urgency renders compliance with the relevant time limit impracticable). All procurement requirements, procedures and evaluation criteria (including the relative importance of such criteria) for quotations and tenders of a contracting authority are required to be made known to suppliers. 4.2        How does the law apply to “in-house” arrangements, including contracts awarded within a single entity, within groups and between public bodies? Already registered? 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. There are three pieces of subsidiary legislation made under the Act, namely the Government Procurement (Application) Order (“GP Order”), the Government Procurement (Challenge Proceedings) Regulations, and the Government Procurement Regulations 2014 (“GP Regulations”). If the Tribunal makes a determination in favour of the Applicant, the Tribunal may make certain orders as prescribed under the Act. The GP Order provides for an “aggregation benefit” where the relevant contract of procurement is a recurring contract (i.e. The Government Procurement (Challenge Proceedings) Regulations address, in relation to procurements which are subject to the Act, procedural matters in relation to challenges brought by a supplier before the Government Procurement Adjudication Tribunal (“Tribunal”) to the Registrar of the Tribunal. Guide to Government Procurement of Design Services Great design can transform Singapore and build an innovative economy and a more loveable city. 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. 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. Can the Government pay all its debt obligations? © 2020 Ministry of Finance. The lowest paid Singapore Government employees are Junior Managers at $48,000. 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. 6.2        What is the scope for negotiation with the preferred bidder following the submission of a final tender? 3.10      What are the rules on conflicts of interest? Such goods and services are set out in the Third Schedule, Fourth Schedule and Fifth Schedule of the GP Order. [28/2004 wef 01/09/2004] [13th May 2002] Allen & Gledhill LLP, Tan Wee Meng In evaluating the bids submitted by the suppliers, contracting authorities are generally required to take into account factors other than the proposed price. Approval for procurement must be sought before any purchase can be made. The Act does not expressly provide for any specific rules in relation to alternative/variant bids (i.e. 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). 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). 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. Other laws of general application in Singapore may be relevant to public procurement. Our Tender Portal provide information on E-procurement, Public Tenders, Government bids, International Bidding opportunities etc. Generally, contracts entered into within groups should be executed on an arm’s length basis. Such goods include mechanical power transmission equipment, plumbing, heating and sanitation equipment, pumps and compressors, measuring tools, and materials handling equipment. Suppliers are to be treated fairly and the playing field is kept level. Where the selective procedure is used, only suppliers invited to submit a tender may do so. Nevertheless, even in such situations, such time limits cannot generally be less than 25 days or 10 days, depending on the circumstances. The rules applicable to “procurements” under the Act and its subsidiary legislation would generally apply to such contracts. The Act generally gives effect to the principle that all suppliers (whether established inside or outside Singapore) are to be treated fairly. The highest paid Singapore Government employees are Senior Managers at $82,000 annually. alternative proposals submitted by suppliers to what was requested by the contracting authority in its notice of intended procurement). Are you an employer? Under the GP Regulations, a contracting authority shall only consider a tender for the award of the contract if (i) the tender, at the time of its opening, conforms to the essential requirements of the notice inviting tenders, the summary notice and the tender documentation, and (ii) the tenderer has satisfied the conditions of participation in the tendering procedure. The CPTPP entered into force on 30 December 2018, following the ratification by Mexico, Japan, Singapore, New Zealand, Canada and Australia. 6.4        To what extent does the legislation permit the transfer of a contract to another entity post-contract signature? The Auditor-General’s Office (AGO) regularly audits government agencies for compliance with official policies and rules. The principle is that upholding value for money does not necessarily mean awarding the contract to the lowest bid. 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. The private sector is generally free to adopt such methods, approaches or vehicles in structuring their bids as may be available under general law. 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. 7.1        Are there special rules in relation to privatisations and what are the principal issues that arise in relation to them? The GP Order provides for financial thresholds (measured both in Singapore dollars and Special Drawing Rights) which a procurement, in relation to certain prescribed states (including Canada, the European Union, Japan, Hong Kong, Taiwan, the United States of America, Israel, Norway and Switzerland), must cross before it is subject to the Act. For example, a contracting authority is not permitted to prepare, adopt or apply technical specifications with a view to, or with the effect of, avoiding the application of the GP Regulations. Tenders Info is a online government Tender information provider company, helping business across globe in finding business opportunities. The Act and its subsidiary legislation do not contain express provisions dealing with the specific issue of whether a contracting entity or a supplier may assign and transfer its rights and obligations under a procurement contract to a third party after such a contract has been entered into. Please use our online services (e.g. 3.2        What are the minimum timescales? 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. In carrying out the foregoing, the contracting authority is required to (i) 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 (ii) when negotiations are concluded, provide a common deadline for the remaining participating suppliers to submit any new or revised tenders. The then Minister for Finance, Mr. Tharman Shanmugaratnam also highlighted, in his parliamentary speech in 2012 relating to the review of government procurement processes, that Singapore’s system of public sector procurement is based, in addition to the foregoing principles, on “an unequivocal stance against corruption or any other abuse of trust placed in public officers”. Additionally, a contracting authority may, under certain circumstances prescribed in the GP Order (e.g. Privatisations of particular public functions are generally undertaken by way of statute, which set out the processes by which the functions are privatised. 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. The GP Regulations also contain certain anti-avoidance provisions. 2.2        Which types of contracts are covered? 6.1        Does the legislation govern changes to contract specifications, changes to the timetable, changes to contract conditions (including extensions) and changes to the membership of bidding consortia pre-contract award? The rules applicable to “procurements” under the Act and its subsidiary legislation would generally apply to all procurements in the government/public sector. Last updated on 18 Nov 2020. 5.2        Can remedies be sought in other types of proceedings or applications outside the legislation? 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. The Act does not provide for any measures to shorten the 15-day limitation period for the initiation of a challenge under the Act. A list of designated contracting authorities is set out in the Second Schedule of the GP Order (including various ministries, universities, and regulatory authorities/bodies). The selective procedure is typically used for more complicated purchases with more sophisticated requirements. This principle is entrenched in the relevant legislation. 8.2        Have there been any regulatory developments which are expected to impact on the law and if so what is the timescale for these and what is their likely impact? The contracting authority may seek judicial review of any determination or order of the Tribunal. Singapore government pushes on with cloud migration. Under the GP Order, a procurement set out in the Seventh Schedule (e.g. Singapore is a signatory to the GPA and various bilateral and regional Free Trade Agreements. Sectoral/industry-specific regulation may, however, apply in the private sector (please refer to question 1.3 above). 3.3        What are the rules on excluding/short-listing tenderers? These include the Prevention of Corruption Act (Cap. covers common issues in public procurement laws and regulations – including application of the law to entities and contracts, award procedures, exclusions and exemptions – in 27 jurisdictions. (ii)   the aggregate of the estimated value of the consideration which the contracting authority expects, at the relevant time, to give under all recurring contracts which are part of the same procurement as such a recurring contract in the next financial year of the contracting authority commencing on or after, or during the period of 12 months commencing immediately after, the date on which such a contracting authority expects to award the initial recurring contract of that procurement. 2.3        Are there financial thresholds for determining individual contract coverage? 3.4        What are the rules on evaluation of tenders? 2.8        What obligations do purchasers owe to suppliers established outside your jurisdiction? There are generally no mandatory or special rules that are specific to such agreements. 2.6        Are there special rules for the conclusion of framework agreements? The minimum time limits specified above may be reduced in certain circumstances (e.g. 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. For example, contracting authorities are required to publish, in the Gazette or GeBIZ, certain prescribed information relating to the relevant procurement. The GP Regulations provide for three types of procedures which may be used by contracting authorities in undertaking a procurement: (i) open tendering; (ii) selective tendering; and (iii) limited tendering. Hire and retain the best talent with accurate and reliable data Benchmark Your Teams . 1.2        What are the basic underlying principles of the regime (e.g. More than 150 systems classified as 'restricted' and below have been moved to the commercial … 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). Government procurement is the acquisition of goods and services via contract by Ministries, Departments, Organs of State and Statutory Boards. When a quotation or tender is called, the officer (s) evaluating the bids cannot be the same person (s)who approves the award of the quotation/tender. The Registrar shall, within seven days of the making of the determination or order, send certified copies of the determination or order to the Applicant and the relevant contracting authority. 3.7        What are the rules on debriefing unsuccessful bidders? Government procurement or public procurement is the procurement of goods, services and works on behalf of a public authority, such as a government agency. 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? In addition, contracting authorities are required to evaluate the financial capacities and the commercial and technical abilities of a supplier on the basis of that supplier’s business activities, regardless of whether the activities are inside or outside Singapore. Press Releases and Announcements on Singapore's bilateral tax treaties, Application to the Valuation Review Panel. Aggregation benefit. 6.3        To what extent are changes permitted post-contract signature? 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 … The Act, and the subsidiary legislation made under it, do not expressly provide for such changes. The Singapore government expects to be able to facilitate the entry and re-entry of more Long Term Pass Holders in the coming weeks. The Official Secrets Act regulates the disclosure of official documents and information. The average salary for a Procurement Manager in Singapore is S$72,464. The Ministry of Finance has also issued a Public Private Partnership Handbook, first issued in October 2004 and revised in March 2012 (“PPP Handbook”). 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. Where the open procedure is used, all interested suppliers may submit a tender on the GeBIZ website based on the specified requirements, after the notice inviting tenders has been posted by the relevant contracting authority. Are specific to such cases are useful and instructive, and the legislation. The open market closed and 728 currently active tenders in the open procedure is used any to. The time of writing functions are privatised the specific industry or sector-specific requirements which may arise in relation to in! Way of statute, which govern how Government agencies for compliance with the and! 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