Power to make regulations
Open ↗6.—(1) The Minister may, for the purposes of implementing the Agreement on Government Procurement and other international obligations of Singapore relating to procurements by the Government and public authorities, make regulations to govern procurements subject to the Act.[28/2004]
(2) Without limiting 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;
(d)
the provision of any information pertaining to a procurement; and
(e)
different provisions for different procurements.[28/2004]
Duty of contracting authority
Open ↗7.—(1) Subject to an order made under section 4(2), a contracting authority must, 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 or relevant Protocol suppliers in relation to that procurement; and
(b)
such other supplier or class of suppliers as the Minister may, by order published in the Gazette, declare.[28/2004; 2/2014]
(3) A breach of a duty referred to in subsection (1) is not to 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.
