WORLD TRADE
ORGANIZATIONGPA/39
22 August 2000
(00-3358)
Committee on Government Procurement Original:  English
NOTIFICATION OF NATIONAL IMPLEMENTING LEGISLATION
Communication from Singapore
The following communication has been received from the Permanent Mission of the Republic
of Singapore in accordance with the Committee Decision of 4 June 1996, relating to the procedures
for the notification of national im plementing legislat ion (GPA/1/Add.1).
_______________GPA/39
Page 2
1. Summary of Legislation
A. C ENTRAL GOVERNMENT ENTITIES
A gazette dated 17 October 1997 gave notification that the WTO Agreement on Government
Procurement came into force on 20 October 1997.  Subsequently, the President of the Republic of
Singapore gave assent to the Government Procurement Act 1997.
The Act sets out the Government Procurement Adjudication Tribunal for the purposes of
hearing and determining challenges related to government procurement.  The Tribunal consists of a
Commissioner and a Deputy Commissioner, supporte d by a Registrar.  The Commissioner, Deputy
Commissioner and Registrar are appointed by the Minister for Finance.
The Tribunal is empowered to hear challenge proceedings from suppliers.  The Act provides
for lodgement of a Notice of Challenge, hearing of the challenge and the issue of a suspension order.
The Tribunal shall issue its determination on a challenge within 45 days from the date of lodgement ofthe Notice of Challenge, unless there are exceptional circumstances justifying an extension of time.
The Act empowers the Tribunal to call witnesses, admit evidence and conduct proceedings.
The Act also provides for the submission of information and the retention of documents.
B. 
SUB-CENTRAL ENTITIES
Singapore is a city-state and does not have any sub-central entities.
C. LEGISLATION ON GOVERNMENT PROCUREMENT
A copy of the Act is attached.
2. Contact Point
Requests and clarifications from another Party concerning Singapore's legislation shall be
addressed to:
Ministry of Finance
Expenditure and Procurement Policies Unit
100, High Street 03-01
The Treasury
Singapore 179434
Tel: (65) 800-272-0118 (toll-free)
Fax: (65) 3328-509
3. Responses to Checklist of Issues
I. GENERAL ELEMENTS
1. Has the Agreement been transposed into national law and/or does it apply directly?
It has been transposed into national law;  at the same time it also applies directly.  In other
words, the procedures for a bid challenge are specifically spelt out in legislation, whilst a copy of theGPA plus Singapore's offer has been circulated to all GPA-covered entities in Singapore for
compliance.  A copy of the legislation is attached.GPA/39
Page 3
2. In the case that entities below the federal or central state level are covered:  are these
categories of entities autonomous from fede ral or central state level government in the
implementation of the Agreement?
Singapore does not have sub-central entities.
3. In the case that Annex 3 entities are covered:  are these categories of entities autonomous in
the implementation of the Agreement or do they apply the legislation provided by the federal/central
or sub-central level?
Annex 3 entities follow the same procurement regime prescribed by the Ministry of Finance,
Singapore.
4. Which main differences (if any) exist between the implementing laws at the federal or central
level, the sub-central level and for Annex 3 entities?
None.  They all follow the same procurement regime.
5. To what extent is information technology us ed in the process of government procurement?
Tender notices and tender awards information can be found at http://www.gebiz.gov.sg .
II. SPECIFIC ELEMENTS
6. Identify the specific provisions in your legislation which reflect the national treatment and
non-discrimination commitments of Article III of the Agreement.
The Agreement in its entirety applies to Singapore's procurement regime (see the notification
attached).
7. Article IX:2 of the Agreement foresees that the invitation to participate may take the form of a
notice of proposed procurement.  If your implemen ting legislation provides for this opportunity, give
details.
The Agreement in its entirety applies to Singapore's procurement regime (see the notification
attached).
8. Article IX:3 of the Agreement foresees that entities at the sub-central level as well as Annex 3
entities  may use a notice of planned procurement or a notice regarding a qualification system as an
invitation to participate.  If your  implementing legislation provides for this opportunity, give details.
The Agreement in its entirety applies to Singapore's procurement regime (see the notification
attached).  In practice, however, as can be seen from the GeBIZ Internet website, open tenders are the
norm.GPA/39
Page 4
9. In the case of selective tendering procedures:  to what extent are entities allowed to use
permanent lists of suppliers or is there a requirement for lists of suppliers to be selected on a
contract-by-contract basis?
Singapore does not maintain a permanent list of suppliers from which contracting authorities
choose from for selective tendering procedures.  Contracting authorities who wish to adopt selective
tendering procedures have to do so on a contract-by-contract basis.
10. Article XIV of the Agreement allows for negotiation under certain conditions.  Are entities
allowed to proceed to negotiations?  If so, which categories and what are the conditions imposed?
GPEs are discouraged from negotiations with tenderers, especially over price.  Minor
variations in tender specifications, mostly to take into account practical difficulties in implementing
complex solutions, are allowed.
11. Article XI contains the time-limits for tendering and delivery.  Time-limits shall normally be
"not less that X days".  Does the domestic legislat ion reflect the various minimum time-limits as set
out in the Agreement?  If not, give information on any longer time limits which have been established.
The Agreement in its entirety applies to Singapore's procurement regime (see the notification
attached).
12. To what extent does the implementing legisla tion allow entities, in pursuance of Article XII:1,
to permit  tenders to be submitted in several languages (one of which has to be a language of the
WTO)?  To what extent do entities use this flexibility?
Tenders are submitted in English (mandatory) and may or may not also be submitted in one of
the other three official national languages (Malay, Tamil, and Chinese).
III. CHALLENGE PROCEDURES - ARTICLE XX
13. Paragraph 3 of Article XX requires each Party to provide its challenge procedures in writing
and make them generally available.  Please provide this information.
Singapore's challenge procedures are found in the Government Procurement Act 1997 and in
the accompanying Government Procurement (Challenge Proceedings) Regulations.  The Government
Procurement Adjudication Tribunal was established in accordance with the Act.
14. To the extent that this information does no t fully respond to the following points, please
provide the supplementary information necessary to do so.
(i) The time-limit to launch a complaint cont ained in the Agreement is "not less than
10 days".  What are the limits in domestic legislation?
The time-limit to launch a complaint is 15 days from the time the supplier knew or
should have known of the basis of the protest.
(ii) What body is responsible for the challenge procedures?  Is this a "court" or an
"impartial and independent review body"?   If the latter:
- How are its members selected?
- Are its decisions subject to judicial review?GPA/39
Page 5
- If not, how are the requirements of paragraph 6 of Article XX taken into 
account?
The Tribunal has the authority to decide how the hearing of a challenge is conducted
and to decide how the case is disposed.  It is an independent review body.  The
Commissioner and Deputy Commissioner of  the Tribunal are appointed by the
Minister for Finance, and the Registrar of the Tribunal is the Ministry of Finance.
If any of the contracting entities is not satisfied with a determination or order of the
Tribunal, either party may challenge the decision of the Tribunal in Court.
(iii) What is the applicable law by reference to which the challenge body will examine
complaints?The applicable law is Singapore law.
(iv) Which rapid interim measures are provided to correct breaches of the Agreement and
to preserve commercial opportunities?- Do these measures include the possibility to suspend the procurement process?
On what conditions?
Pending the disposal of the challenge by the Tribunal, the complainant may apply to
the Tribunal for a suspension order on the award of the contract.  The Tribunal has45 days from the date the Notice of Challenge is lodged to issue its determination.
(v) How do challenge procedures provide for co rrection of the Agreement?  What types of
compensation for loss or damages suffered can the challenge body order?
If the Tribunal determines that any part of the tender process did not comply with the
provisions of the GPA, it may order the contracting authority to do one or more of the
following:
(a) set aside the decision or action taken;(b) make a decision or action in accordance with appropriate procurement 
regulations in place of what had been set aside;
(c) amend the procurement document;(d) pay the costs of participation in the qualification of suppliers or the costs of 
tender preparations.
(vi) Give any available information on the ti me periods for the stages of the challenge
process, including to obtain inte rim measures and a final decision.
On receipt of a Notice of Challenge from any supplier, the Registrar will forward a
copy of the Notice to the contracting entity concerned and arrange a hearing, giving
14 days notice of the hearing to the applicant and the contracting entity concerned.GPA/39
Page 6
At the same time, the supplier may, at any time after he has lodged a Notice of
Challenge, apply to the Tribunal for a suspension order pending the disposal of the
challenge.
The Tribunal shall issue its determination on a challenge within 45 days of the
lodgement of the Notice of Challenge.
The Registrar must send certified copies of the determination or order to the applicant
and the relevant contracting authority within seven days of making the determination
or order.
(vii) What are the usual costs to conduct a challenge procedure? Are there possibilities
foreseen to do so free of charge?The fee for bringing a challenge before the Tribunal is S$500, payable to the
Registrar.  In addition to this, there is a refundable deposit of S$5,000, which is
released to the applicant upon completion of the proceedings.GPA/39
Page 7
ATTACHMENT
REPUBLIC OF SINGAPORE
GOVERNMENT PROCUREMENT ACT
PART I
PRELIMINARY
Short title and commencement
1. This Act may be cited as the Government Proc urement Act and shall come into operation on
such date as the Minister may, by notification in the Gazette , appoint.
Interpretation
2. In this Act, unless the context otherwise requires —
"Agreement on Government Procurement" means the Agreement by that name done at Marrakesh on
15th April 1994;
"award", in relation to a contract or tender, means to accept an offer made;"challenge proceeding" means any proceeding under Part III;
"Commissioner" means the Commissioner appointed under section 8(2) and includes an acting
Commissioner appointed under section 8(9);
"contracting authority" means a ministry or department of the Government, an organ of State or a
statutory board declared, by order made under section 4(1), as a contracting authority for the purposes
of this Act;
"Deputy Commissioner" means a Deputy Commissioner appointed under section 8(2);
"document" includes an electronic record;"legal officer" has the same meaning as in the Government Proceedings Act (Cap.121);"procurement" means procurement of goods or service or a combination of goods and service by any
contractual means, such as purchase or lease, rental or hire purchase, with or without an option to buy
the goods or service or combination of goods and service;
"procurement subject to the Act" means a procurement declared, by order made under section 4(2), to
be a procurement subject to the Act;
"qualification of suppliers" means a process undertaken by a contracting authority to shortlist
suppliers for a particular procurement, a particular type of procurement or procurement in general;
"relevant State" means a country or territory declared, by order made under section 3, as a relevant
State for the purposes of this Act;GPA/39
Page 8
"relevant supplier" means a supplier —
(a) who is a national of Singapore or a relevant State;  or(b) which is a company or association or body of persons, corporate or unincorporate,
which is formed under the laws of Singapore or a relevant State and has its principal
place of business in Singapore or a relevant State;
"supplier" means a person who sought, or who seeks, or who would have wished, to be the person to
whom a contract of procurement, being a procurement subject to the Act, is awarded;
"Tribunal" means the Government Procurement Ad judication Tribunal established under section 8.
Relevant State
3. The Minister may, from time to time, by order published in the Gazette , declare any country
or territory as a relevant State for the purposes of this Act.
Application
4. (1) The Minister may, by order published in the Gazette , declare any ministry or
department of the Government, organ of State or statutory board as a contracting authority for thepurposes of this Act.
(2) The Minister may, by order published in the Gazette , declare a procurement to be subject to
the Act.
(3) An order made under subsection (2) may identify the procurement by one or more of the
following:
(a) the means by which the procurement is undertaken;(b) the contracting authority undertaking the procurement;
(c) the goods or service, or combination of goods and service, to be procured;
(d) the value of the procurement.
(4) An order made under subsection (2) may specify —
(a) the method by which the procurement is to be valued;(b) the circumstances under which the procurement is not a procurement subject to the
Act;
(c) the grounds on which the contracting authority may exclude a procurement, or an act
or measure to be taken in relation to a procurement, from the application of all or any
of the regulations made under section 6;  and
(d) the effect of an exclusion referred to in paragraph ( c).GPA/39
Page 9
Certification by Minister
5. (1) The Minister may issue a certificate certifying that a particular procurement is not a
procurement subject to the Act by virtue of section 4(4)( b).
(2) The Minister may issue a certificate certifying that a ground referred to in section 4(4)( c)
exists in relation to a particular procurement or an act or measure in relation to a particular
procurement.
(3) A certificate issued under subsection (1) or (2) shall be conclusive evidence of the matters so
certified.
PART II
REGULATIONS GOVERNING PROCUREMENT
Power to make regulations
6. (1) The Minister may, for the purposes of implementing the Agreement on Government
Procurement, make regulations to govern procurements subject to the Act.
(2) Without prejudice to the generality of subsection (1), the regulations may prescribe —
(a) the technical specifications for a procurement;(b) the procedure for qualification of suppliers for a procurement;(c) the procedure for the award of a procurement contract and the procedure following
such award;  and
(d) the provision of any information pertaining to a procurement.
Duty of contracting authority
7. (1) Subject to an order made under section 4(2), a contracting authority shall, in
undertaking a procurement subject to the Act, comply with the regulations made under section 6.
(2) The duty of a contracting authority referred  to in subsection (1) is a duty owed to —
(a) relevant suppliers;  and(b) such other supplier or class of suppliers as the Minister may, by order published in
the Gazette , declare.
(3) A breach of a duty referred to in subsection (1) shall not be the subject of any proceedings in
any court but 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.GPA/39
Page 10
PART III
CHALLENGE PROCEEDINGS
Government Procurement Adjudication Tribunal
8. (1) For the purposes of hearing and determining challenges referred to in section 7(3),
there shall be established a Tribunal to be called the Government Procurement Adjudication Tribunal
consisting of the Commission er or a Deputy Commissioner.
(2) The Minister shall appoint a Commissioner a nd such number of Deputy Commissioners as he
thinks fit.
(3) The Commissioner and Deputy Commissioners sh all be appointed for a period of 2 years and
shall be eligible for reappointment.
(4) No person shall be appointed or shall continue to hold office as Commissioner or Deputy
Commissioner if he —
(a) is of unsound mind;(b) is an undischarged bankrupt or has made any arrangement or composition with his
creditors;  or
(c) is convicted of an offence involving dishonesty, fraud or moral turpitude or has not
received a free pardon.
(5) The Commissioner or a Deputy Commissioner may at any time resign from his office by
giving notice in writing to the Minister.
(6) The Commissioner and Deputy Commissioners shall be deemed to be public servants within
the meaning of the Penal Code (Cap.224), and shall en joy the same judicial immunity as is enjoyed by
a Judge of the Supreme Court.
(7) The Commissioner and Deputy Commissioners shall be paid such remuneration and
allowances as the Minister may from time to time determine.
(8) The Minister may at any time revoke the appointment of a Commissioner or Deputy
Commissioner who —
(a) ceases to be eligible to hold that appointment in accordance with subsection (4);(b) has become permanently incapable of discharging the functions of a Commissioner or
Deputy Commissioner, as the case may be;  or
(c) has misconducted himself in such a manner as to render him unfit to continue holding
the appointment.
(9) When the Commissioner is or is expected to be absent from duty, the Commissioner or, if the
Commissioner is absent, the Minister may appoint a Deputy Commissioner to be acting
Commissioner during the absence of the Commissioner.GPA/39
Page 11
Registrar and officers of Tribunal
9. (1) The Minister shall appoint a Registrar of the Tribunal and such other officers of the
Tribunal as the Minister considers necessary.
(2) The duties of the Registrar and other officers of the Tribunal shall, subject to this Act and any
regulations made thereunder, be as the Minister directs.
(3) The Registrar and other officers of the Tribunal shall be deemed to be public servants for the
purposes of the Penal Code (Cap.224).
Constitution of Tribunal
10. (1) Subject to subsection (2), a challenge proceeding shall be heard and disposed of by
the Tribunal consisting of the Commissioner or a Deputy Commissioner designated by the
Commissioner.
(2) The Commissioner or a Deputy Commissioner shall not hear or dispose of any challenge
proceeding if he is, directly or indirectly, interested in the procurement in relation to which the
proceeding is brought.
(3) Where the Commissioner has commenced the hearing of a challenge proceeding and is unable
through death, illness or other cause to complete the hearing or to dispose of the proceeding —
(a) the acting Commissioner appointed under section 8(9);  or(b) if the acting Commissioner is, directly or indirectly, interested in the procurement in
relation to which the proceeding is brought, a Deputy Commissioner designated by
the acting Commissioner, shall complete the hearing and dispose of the proceeding.
(4) Subject to subsection (2), where a Deputy Commissioner who has commenced the hearing of
a challenge proceeding is unable through death, illness or other cause to complete the hearing or to
dispose of the proceeding, the Commissioner  may designate another Deputy Commissioner to
complete the hearing and dispose of the proceeding, or may himself complete the hearing and disposeof the proceeding.
Parties may be represented at challenge proceedings
11. (1) The applicant and the contracting authority concerned may be represented by an
advocate and solicitor at the hearing of any challenge proceeding.
(2) Where the contracting authority concerned is a ministry or department of the Government or
is an organ of State, a legal officer may appear as advocate on behalf of the contracting authority and
may make and do all appearances, acts and applications in respect of the proceeding on behalf of thecontracting authority.
Initiation of challenge
12. (1) A supplier who wishes to bring a challenge before the Tribunal (referred to in this Act
as the applicant) shall, within 15 days from the date the facts constituting the basis of the challenge
first took place —GPA/39
Page 12
(a) lodge with the Registrar a notice of challenge (referred to in this Act as the Notice of
Challenge);
(b) pay the Registrar such fee as may be prescribed for bringing a challenge before the
Tribunal;  and
(c) serve a copy of the Notice of Challenge on the contracting authority undertaking or
who has undertaken the procurement which is the subject of the challenge.
(2) The Notice of Challenge shall be in such form and shall contain such information, and be
accompanied by such documents, as may be prescribed.
Deposit
13. (1) The applicant shall, at the time of lodgment of the Notice of Challenge with the
Registrar of the Tribunal, deposit in cash or in such other form as the Registrar in a particular case
may allow, such sum as may be prescribed (referred to in this Act as the deposit).
(2) The challenge shall be deemed to have been withdrawn if the applicant fails to comply with
subsection (1).
(3) The deposit shall be used by the Registrar to pay any costs awarded by the Tribunal to the
contracting authority concerned under section 21 in relation to the challenge.
(4) Where the deposit is insufficient to cover the costs referred to in subsection (3), the
contracting authority concerned may recover the balance of the costs in the manner referred to in
section 21.
(5) The Registrar shall, after the challenge has been disposed of by the Tribunal and if he is
satisfied that there is no outstanding claims for costs by the contracting authority concerned against
the applicant, release the deposit or the balance of the deposit, as the case may be, to the applicant.
Fixing of hearing of challenge
14. On receipt of a Notice of Challenge, the fee referred to in section 12(1)( b) and the deposit, the
Registrar shall —
(a) forward a copy of the Notice to the contracting authority concerned;
(b) fix a time and place for the hearing of the challenge;  and
(c) give 14 days' notice of the hearing to the applicant and the contracting authority
concerned.
Preliminary hearing
15. (1) The Tribunal may at any time, on its own motion or upon the application of the
contracting authority concerned, hear and determine, as a preliminary issue and with a view to a
possible final disposal of the challenge, the validity of the challenge.
(2) For the purposes of subsection (1), the Tribunal shall declare a challenge invalid if —GPA/39
Page 13
(a) the procurement which is the subject of the challenge is not a procurement subject to
the Act;
(b) the regulation made under section 6 which the contracting authority concerned is
alleged to have breached is inapplicable, by virtue of an order made under section 4,to the procurement or the act or measure in relation to a procurement, which is the
subject of the challenge;
(c) the procurement which is the subject of the challenge is a procurement which has
been initiated before the commencement of th is Act within the meaning of section 26;
(d) the applicant is not a supplier entitled to bring a challenge under section 7(3);(e) the applicant did not lodge or serve the Notice of Challenge within the time
prescribed by section 12(1), unless the Tribunal is satisfied that there has been no
unreasonable delay on the part of the applicant;  or
(f) the Notice of Challenge does not comply with section 12(2).
(3) For the purposes of subsection (2)( e), the Tribunal shall take into account the date the
applicant became aware, or ought reasonably to have become aware, of the facts constituting the basis
of the challenge, and may, in granting any permissi on to the applicant to proceed with the challenge,
impose such conditions as it considers just on the applicant.
(4) If the applicant fails to comply with any of the conditions imposed by the Tribunal under
subsection (3), the Tribunal may declare the challenge invalid.
Suspension order
16. (1) The applicant may, at any time after he has —
(a) lodged the Notice of Challenge with the Registrar;(b) paid the fee referred to in section 12(1)( b) and the deposit to the Registrar;  and
(c) served the Notice of Challenge on the relevant contracting authority, apply to the
Tribunal for an order to suspend, pending the disposal of the challenge —
(i) the procedure leading to the award of the contract for the procurement which 
is the subject of the challenge;  or
(ii) the implementation of any decision made while undertaking the procedure 
referred to in sub-paragraph (i).
(2) The Tribunal may, in its discretion, make the order either unconditionally or upon such terms
and conditions as the Tribunal thinks just.
(3) The Tribunal shall not make an order under this section if —
(a) such suspension is against the public interest;  or
(b) the contract referred to in subsection (1)(i) has already been awarded at the date of
hearing of the application for the order.GPA/39
Page 14
(4) If the Tribunal refuses to make an order under this section, the Tribunal shall give the reasons
for its refusal in writing.
(5) Where an order under this section has been made, the contracting authority concerned may, at
any time before the determination on the challenge referred to in section 18 is made, apply to the
Tribunal for the order to be varied or rescinded.
(6) Subject to subsection (7), the Tribunal may, in its discretion, vary or rescind the order either
unconditionally or upon such conditions as it thinks just.
(7) The Tribunal shall rescind the order if the continuance of such suspension is against the
public interest.
(8) The Minister may issue a certificate that such suspension, or the continuance of such
suspension, in a particular case is against the public interest, and such a certificate shall be conclusive
evidence of the matters so certified.
Onus of proof, etc.
17. (1) The onus of proving the breach of duty which is the subject of the challenge shall be
on the applicant.
(2) Except with the consent of the Tribunal and in accordance with such conditions as the
Tribunal may determine, the applicant may not, at the hearing of the challenge, rely on any breach of
duty other than that identified in the Notice of Challenge.
Determination on challenge
18. (1) The Tribunal shall issue its determination on a challenge within 45 days from the date
of lodgement of the Notice of Challenge by the applicant unless there are exceptional circumstances
justifying an extension of time.
(2) Subsection (1) shall not apply if the challenge has been disposed of under section 15.(3) If the Tribunal makes a determination in favour of the applicant, the Tribunal may do one or
more of the following:
(a) order 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;
(b) order the contracting authority to make a decision or take action, in accordance with
the applicable regulations made under section 6, in place of that which has been set
aside under paragraph ( a);
(c) order the contracting authority to amend any document pertaining to the procurement;(d) order the contracting authority to pay to th e applicant the costs of participation in the
qualification of suppliers, or the costs of tender preparation, reasonably incurred bythe applicant for the purposes of the procurement.
(4) An order made under subsection (3)( b) may specify the decision or action which the
contracting authority is to make or take.GPA/39
Page 15
(5) Notwithstanding subsection (3), if —
(a) the Tribunal makes a determination in favour of the applicant;  and
(b) the contract for the procurement has already been awarded, the Tribunal may only —
(i) make an order under subsection (3)( d);  or
(ii) if the applicant did not incur any of the costs referred to in subsection (3)( d), 
award the applicant the costs of the challenge proceeding in accordance with 
section 21.
Determination and order to be in writing
19. (1) Every determination and order of the Tribunal shall be given in writing and shall
include a statement of the Tribunal's reasons for the determination or order, as the case may be.
(2) The Registrar shall, within 7 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.
Satisfaction of order
20. (1) A contracting authority against whom an order under section 16 or 18(3)( a), (b) or
(c) is made shall comply with the order.
(2) An applicant in whose favour an order under section 18(3)( d) is made may recover the
amount ordered to be paid to him by an action for a debt in any court of competent jurisdiction.
(3) This section is without prejudice to the right of the contracting authority to seek judicial
review of a determination or order of the Tribunal.
Costs of challenge proceeding
21. (1) Subject to any regulations made under this Act, the costs of any challenge
proceeding, including the costs of the Tribunal,  shall be at the discretion of the Tribunal.
(2) The costs may be recovered as if they were costs in a suit in the High Court and as if the
determination of the Tribunal in relation to the costs were a decree made in the High Court.
Procedure and powers of Tribunal
22. (1) Subject to the provisions of this Act and any regulations made thereunder, the
Tribunal shall have the power to determine the pr ocedure to be adopted for any challenge proceeding.
(2) The Tribunal shall have the following additional powers:
(a) to summon to attend at any challenge proceeding any person whom it may consider
able to give evidence in respect of the pr oceeding, to examine him as a witness either
on oath or otherwise and to require him to produce such books, records or documents
as the Tribunal may think necessary for the proceeding;GPA/39
Page 16
(b) to allow any person so attending any reasonable expenses necessarily incurred by him
in so attending;
(c) to fix the remuneration of any expert witness appointed by the Tribunal for any
challenge proceeding;
(d) with the consent of the applicant and the relevant contracting authority, to refer the
parties for mediation by such person as the parties may agree or failing such
agreement, as the Tribunal may appoint;
(e) all the powers of the Supreme Court with regard to the enforcement of attendance of
witnesses, hearing evidence on oath and punishment for contempt;
(f) to admit or reject any evidence adduced, whether oral or documentary, and whether
admissible under the provisions of any written law for the time being in force relating
to the admissibility of evidence;
(g) to conduct its proceedings or any part of its proceedings in camera;  and
(h) generally to give any direction, or to do anything, necessary or expedient for the
expeditious and just hearing and disposal of any challenge proceeding.
(3) The expenses referred to in subsection (2)( b) and the remuneration referred to in
subsection (2)( c) shall form part of the costs of the challenge proceedings and, pending and subject to
any order made by the Tribunal as to such costs, shall be paid by the applicant or the contracting
authority concerned, as the Tribunal may direct.
(4) Evidence of any thing said, or of any admission made, in the course of any mediation referred
to in subsection (2)( d) shall not be admissible in any proceedings before the Tribunal or any court.
(5) Where the Minister certifies that it is against the public interest for any challenge proceeding
to take place in public, the Tribunal shall conduct the proceeding in camera.
PART IV
MISCELLANEOUS
Submission of information to Minister
23. A contracting authority shall give to the Minister, in such form and at such intervals as may
be prescribed, such information as may be prescribed in relation to any procurement subject to this
Act which the contracting authority has undertaken or is undertaking or proposes to undertake.
Retention of documents
24. A contracting authority shall ensure that all documents relating to procurements subject to this
Act are retained for a minimum of 3 years from the date of their creation.
Power to make regulations
25. The Minister may make regulations prescribing —GPA/39
Page 17
(a) the manner in which challenges shall be brought to the Tribunal;
(b) the procedure to be adopted by the Tribunal in the hearing and disposal of challenge
proceedings and the records to be kept by the Tribunal;
(c) the places where and the times at which challenge proceedings are to be heard by the
Tribunal;
(d) the costs and fees in respect of challenge proceedings;  and(e) anything which is required to be prescribed under this Act or which may be necessary
or expedient for carrying out or giving effect to the provisions of this Act.
Transitional provision
26. (1) This Act shall not apply to or affect any procurement which has been initiated before
the commencement of this Act.
(2) For the purposes of subsection (1), a procurement is deemed to have been initiated if —
(a) the invitation to tender in respect of the procurement has been issued;
(b) the qualification of suppliers, being a qualification of suppliers undertaken solely for
that particular procurement, has commenced;  or
(c) in a case where no tender is to be called for the procurement, the contracting authority
concerned had communicated with a potential supplier with a view to the making orobtaining of an offer in relation to the procurement.
__________