Based on the estimated value of procurement, public sector agencies may choose varying procurement approaches. Based on the Supplier Guide, where the estimated procurement value exceeds S$5,000 but is below S$70,000, public sector agencies will issue quotations, and use a tender process where the estimated procurement value exceeds S$70,000.
The tendering procedure can be either open, selective or limited. Under the GP Regulations, contracting authorities are generally required to use the open procedure (all interested suppliers may submit a tender) or the selective procedure (only suppliers invited to submit a tender may do so) in undertaking a procurement exercise.
The open procedure typically comprises four stages: (i) inviting offers from the public; (ii) submission and receipt of offers; (iii) verification, evaluation and recommendation of offer; and (iv) approval and award.
Under the selective procedure, only suppliers invited to do so by the contracting authority may submit an offer. This method is usually adopted in relation to complex public sector projects which require suppliers with sophisticated and high-level know-how, capabilities and experiences. Thus, where a selective tender is carried out, a qualification of interested suppliers has to be carried out. Once suppliers are qualified based on their capabilities, the tender will generally follow the process set out in relation to the open procedure.
Contracting authorities are only allowed to use a limited tendering procedure (whereby no tender is called or suppliers are invited individually to submit a tender) in certain circumstances. This is covered in greater detail in Section 7(a) below.
Except for certain limited exclusions, the GP Regulations apply to any procurement by a contracting authority, whether or not the procurement is conducted exclusively or partially by electronic means. In this regard, the GP Regulations provide certain rules regarding procurement by electronic means.
Regulation 10 of the GP Regulations provides that for each procurement, a contracting authority shall publish a notice of intended procurement on the GeBIZ platform or in the Government Gazette. There are also certain requirements applicable to electronic auctions.
In practice, tenders and bids are generally submitted on the GeBIZ platform. To participate in government procurement opportunities like invitations-to-quotes ("Quotations") and invitation-to-tenders ("Tenders") posted on GeBIZ, suppliers are generally required to register as a GeBIZ Trading Partner on the GeBIZ platform.
Regulation 10 of the GP Regulations provides that for each procurement, a contracting authority shall publish a notice of intended procurement on the GeBIZ platform or in the Government Gazette. In this respect, current business opportunities, like Tenders and Quotations, can be found on the GeBIZ platform (accessible at https://www.gebiz.gov.sg).
Additionally, the "Listing of Indicative Government Procurement Opportunities" shows the potential procurements which the public sector is likely to conduct in the year ahead (accessible at http://app.mof.gov.sg/mfeupdate/index.asp). These are provided for general information and are not invitations to tender.
Yes, certain prospective bidders may be excluded if a selective tender procedure is utilised. As mentioned in Section 3(a) above, this process envisages that suppliers will need to be qualified before they are invited to respond to the tender.
Please note however that even if an open tender procedure is used, it is possible for contracting authorities to invoke a two-stage tendering process whereby only tenderers shortlisted in accordance with the evaluation criteria set out in the tender may proceed to the second stage of tendering.
It is also possible to exclude all prospective bidders but one if the relevant contracting authority is entitled to employ the limited tendering procedure (see Section 7(a) below).
Finally, certain prospective bidders may be excluded on the basis that they have been disbarred from participating in government procurement exercises by the Standing Committee on Debarment. There are various grounds for debarment, but these typically revolve around some form of default or contravention of government contracts or tendering procedures by the supplier (e.g., contract terminated for breach, withdrawal of tenders prior to award). In general, the period of debarment is commensurate with the financial or material losses suffered by the government agency and the need to protect other government agencies from the defaulting supplier.