./.WORLD TRADE
ORGANIZATIONGPA/52
18 June 2001
(01-3012)
Committee on Government Procurement Original:  English
REVIEW OF NATIONAL IMPLEMENTING LEGISLATION
SINGAPORE
The present document reproduces the questions put to the delegation of Singapore, the
responses given and the comments made during the review of national implementing legislation at the
Committee's meetings of 20 September 2000 and 3 May 2001.1   Singapore's notification of its
national implementing legislation in accordance with the Committee decision in GPA/1/Add.1 has
been circulated in documents GPA/39, dated 22 August 2000 and GPA/39/Add.1 dated
4 October 2000.
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REPLIES TO THE QUESTIONS FROM THE UNITED STATES
I. IMPLEMENTING LEGISLATION
In response to question I:1 of the Checklist of Issues, Singapore indicates that the
requirements of the Agreement on Government Procurement are transposed in domestic law and
apply directly.  However, it appears that the Go vernment Procurement Act ("the Act") only transposes
provisions relating to bid challenge.
Aside from the bid challenge procedures, are other Agreement on Government Procurement
requirements transposed in domestic law?  If so, please provide citations to relevant laws.
If provisions of the Agreement on Government Procurement apply directly, please cite the
domestic laws and regulations which require procuring entities to adhere to the procedural and other
requirements of the Agreement on Government Procurement.
Gazette No. 3676, dated 17 October 1997, which was circulated at the Committee on
Government Procurement on 29 September 2000 is the notification informing the entry into force of
the WTO Agreement on Government Procurement in Singapore.  The Secretariat has since published
the gazette as a WTO job.  Paragraphs 2 and 3 of the gazette mention that the Government hasprovided a set of challenge proceedings, and these are the challenge proceedings cited in the
Government Procurement Act.  The rules and obligations on the part of procurement entities stem
directly from the WTO Agreement on Government Procurement.
                                                     
1 The minutes of these meetings have been circulated in documents GPA/M/14 and 15.GPA/52
Page 2
Singapore's response to a number of the questi ons in GPA/39 is that "the Agreement in its
entirety applies to Singapore's procurement regime".
In light of Singapore's response to question no. 1, above, please cite the national laws and
regulations which require procuring entities to adhere to the specific Agreement on GovernmentProcurement requirements  referred to in GPA/39.
Please see the answer to question 1.Article 6 of Part II of the Act states that:  "The Minister may, for the purposes of
implementing the Agreement on Government Procurem ent, make regulations to govern procurements
subject to the Act".
This provision appears to provide authority, but not a requirement, to develop regulations for
implementing the Agreement on Government Procurement.  Has Singapore, in fact, developed
regulations for implementing the procedural requirements of the Agreement on Government
Procurement?  Are there some Agreement on Government Procurement requirements that have notbeen specifically addressed in those regulations?  How are Singapore's procurement regulations
published?
The procedural requirements are implemented vide the Gazette No. 3676, dated
17 October 1997.  All the requirements of the Agreement on Government Procurement automaticallyapply to all the listed entities as a result of this gazette.
II. BID CHALLENGE PROCEDURES
Part III, section 13 of the Act refers to the deposit by a bid challenge applicant of a sum in
cash, or other form as deemed necessary by the Tr ibunal Registrar, which is to be used to pay any
costs awarded by the Tribunal to the contracting authority.  In addition, section 21 of the Act refers to
the costs of any challenge proceeding, including the costs of the Tribunal, to be at the discretion of
the Tribunal and that these 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 rela tion to the cost were a decree made in the High
Court.
Please indicate what types of costs are gene rally incurred by bid review applicants, the
frequency that deposits are deemed inadequate for the costs of the review and the general amount of
these costs.  Please explain whether such costs may affect the ability of suppliers to challenge alleged
breaches of the Agreement.
The clause cited above allows the Tribunal to decide on award of damages and costs in
similar fashion to the Courts deciding on the award of damages and costs, either to the plaintiff or
defendant.  This way, both the supplier or the procuring entity need not go to the Court again to
decide on any claims for damages or costs incurred.  This will in effect reduce the time, resources and
costs incurred by both suppliers and procuring entities in respect of any bid challenge.  The Act
however allows for both the supplier and the procuring entity to appeal to the Courts to review theTribunal's decisions.
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