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No. S 695

Government Procurement Act

(Chapter 120)

Government Procurement (Application) (Amendment) Order 2004

In exercise of the powers conferred by section 4 of the Government Procurement Act, the Minister for Finance hereby makes the following Order:

Citation and commencement

1. This Order may be cited as the Government Procurement (Application) (Amendment) Order 2004 and shall come into operation on 20th November 2004.

New paragraph 2A

2. The Government Procurement (Application) Order (O 1, 2004 Ed.) (referred to in this Order as the principal Order) is amended by inserting, immediately after paragraph 2, the following paragraph:

“Relevant States

2A. The countries and territories set out in the First Schedule shall be relevant States for the purposes of the Act.”.

Amendment of paragraph 3

3. Paragraph 3 of the principal Order is amended by deleting the words “First Schedule” and substituting the words “Second Schedule”.

Deletion and substitution of paragraph 4

4. Paragraph 4 of the principal Order is deleted and the following paragraph substituted therefor:

“Procurements subject to Act

4.—(1) A procurement —

(a)

by a contracting authority set out in Part I or II of the Second Schedule of —

(i)	goods;
(ii)	one or more of the services set out in the Third and Fourth Schedules; or
(iii)	a combination of goods and one or more of such services; or

(b)

by a contracting authority set out in Part III of the Second Schedule of any of the goods set out in the Fifth Schedule or a combination thereof,

is a procurement subject to the Act in relation to all relevant States other than the United States of America if the value of the contract in relation to the procurement —

(A)	in the case of a relevant State other than Japan, is equal to or exceeds the threshold applicable to the procurement under paragraph 8; or
(B)	in the case of Japan, is equal to or exceeds the threshold applicable to the procurement under paragraph 9.

(2) A procurement —

(a)

by a contracting authority set out in Part I or II of the Second Schedule of —

(i)	goods;
(ii)	one or more applicable services; or
(iii)	a combination of goods and one or more applicable services; or

(b)

by a contracting authority set out in Part III of the Second Schedule of any of the goods set out in the Fifth Schedule,

is a procurement subject to the Act in relation to the United States of America if the value of the contract in relation to the procurement is equal to or exceeds an amount derived from the following formula:

A x (1 + B),

where A

is the applicable amount; and

is the accumulated inflation rate derived in accordance with sub-paragraph (4).

(3) In sub-paragraph (2) —

“applicable amount” means —

(a)

if the contracting authority is one set out in Part I or III of the Second Schedule —

(i)

$11,376,000, in the case of a procurement of —

(A)	one or more of the services referred to in paragraph (b) of the definition of “applicable service”; or
(B)	one or more of the services referred to in paragraph (a) of that definition and one or more of the services referred to in paragraph (b) of that definition, where the estimated value of the contract for the procurement of the services referred to in paragraph (b) of that definition exceeds that for the procurement of the services referred to in paragraph (a) of that definition; or

(ii)

$102,710, in any other case; or

(b)

if the contracting authority is one set out in Part II of the Second Schedule —

(i)

$11,376,000, in the case of a procurement of —

(A)	one or more of the services referred to in paragraph (b) of the definition of “applicable service”; or
(B)	one or more of the services referred to in paragraph (a) of that definition and one or more of the services referred to in paragraph (b) of that definition, where the estimated value of the contract for the procurement of the services referred to in paragraph (b) of that definition exceeds that for the procurement of the services referred to in paragraph (a) of that definition; or

(ii)

$910,000, in any other case;

“applicable service” means —

(a)	any service in the Universal List of Services contained in the document MTN.GNS/W/120 of the World Trade Organisation, other than a service set out in the Sixth Schedule; or
(b)	any service set out in the Fourth Schedule.

(4) For the purposes of sub-paragraph (2) —

(a)	the accumulated inflation rate shall be measured in accordance with the consumer price index published by the Singapore Department of Statistics;
(b)	that rate shall be adjusted using 2-year periods, the first of which begins on 1st November 2003 and ends on 31st October 2005; and
(c)	the adjusted rate shall take effect on the 1st of January of the year immediately following the end of each 2-year period.”.

Amendment of paragraph 5

5. Paragraph 5 of the principal Order is amended —

(a)	by deleting the words “Fifth Schedule” in sub-paragraph (1)(a) and substituting the words “Seventh Schedule”; and
(b)	by deleting the words “Second Schedule” in sub-paragraph (3)(d) and substituting the words “Third Schedule”.

Deletion and substitution of paragraph 8 and new paragraph 9

6. Paragraph 8 of the principal Order is deleted and the following paragraphs substituted therefor:

“Thresholds for relevant States other than Japan and United States of America

8.—(1) This paragraph applies to a procurement subject to the Act in relation to all relevant States other than Japan and the United States of America.

(2) The threshold applicable to a contract for the procurement of —

(a)	goods;
(b)	one or more of the services set out in the Third Schedule; or
(c)	a combination of goods and one or more of such services,

by a contracting authority set out in Part I of the Second Schedule shall be 130,000 Special Drawing Rights.

(3) The threshold applicable to a contract for the procurement of —

(a)	goods;
(b)	one or more of the services set out in the Third Schedule; or
(c)	a combination of goods and one or more of such services,

by a contracting authority set out in Part II of the Second Schedule shall be 400,000 Special Drawing Rights.

(4) The threshold applicable to a contract for the procurement of one or more of the services set out in the Fourth Schedule by a contracting authority set out in Part I or II of the Second Schedule shall be 5 million Special Drawing Rights.

(5) The threshold applicable to a contract for the procurement of any of the goods set out in the Fifth Schedule or a combination thereof by a contracting authority set out in Part III of the Second Schedule shall be 130,000 Special Drawing Rights.

(6) The threshold applicable to a contract for the procurement of —

(a)	goods, one or more of the services set out in the Third Schedule, or a combination of goods and one or more of such services; and
(b)	one or more of the services set out in the Fourth Schedule,

by a contracting authority set out in Part I or II of the Second Schedule shall be —

(i)	130,000 Special Drawing Rights if the contracting authority is one set out in Part I of the Second Schedule and the estimated value of the contract for the procurement of the matter referred to in sub-paragraph (a) exceeds that for the procurement of the matter referred to in sub-paragraph (b);
(ii)	400,000 Special Drawing Rights if the contracting authority is one set out in Part II of the Second Schedule and the estimated value of the contract for the procurement of the matter referred to in sub-paragraph (a) exceeds that for the procurement of the matter referred to in sub-paragraph (b); or
(iii)	5 million Special Drawing Rights if the estimated value of the contract for the procurement of the matter referred to in sub-paragraph (b) exceeds that for the procurement of the matter referred to in sub-paragraph (a).

Thresholds for Japan

9.—(1) This paragraph applies to a procurement subject to the Act in relation to Japan.

(2) The threshold applicable to a contract for the procurement of goods, one or more of the services set out in Part I of the Third Schedule, or a combination of goods and one or more of such services, by a contracting authority set out in Part I or II of the Second Schedule shall be 100,000 Special Drawing Rights.

(3) The threshold applicable to a contract for the procurement of one or both of the services set out in Part II of the Third Schedule by a contracting authority set out in Part I of the Second Schedule shall be 130,000 Special Drawing Rights.

(4) The threshold applicable to a contract for the procurement of one or both of the services set out in Part II of the Third Schedule by a contracting authority set out in Part II of the Second Schedule shall be 400,000 Special Drawing Rights.

(5) The threshold applicable to a contract for the procurement of one or more of the services set out in the Fourth Schedule by a contracting authority set out in Part I or II of the Second Schedule shall be 5 million Special Drawing Rights.

(6) The threshold applicable to a contract for the procurement by a contracting authority set out in Part I of the Second Schedule of all or any combination of the matters referred to in sub-paragraphs (2), (3) and (5) shall be the threshold applicable to the matter, the estimated value of which is the highest of the estimated values of all the matters to be procured under that contract.

(7) The threshold applicable to a contract for the procurement by a contracting authority set out in Part II of the Second Schedule of all or any combination of the matters referred to in sub-paragraphs (2), (4) and (5) shall be the threshold applicable to the matter, the estimated value of which is the highest of the estimated values of all the matters to be procured under that contract.

(8) For the purposes of sub-paragraphs (6) and (7) —

(a)	the threshold applicable to a matter is the threshold that is applicable to a contract for the procurement of that matter under sub-paragraph (2), (3), (4) or (5), as the case may be; and
(b)	the estimated value of a matter is the estimated value for procuring that matter under the contract concerned.

(9) The threshold applicable to a contract for the procurement of any goods set out in the Fifth Schedule or a combination thereof by a contracting authority set out in Part III of the Second Schedule shall be 100,000 Special Drawing Rights.”.

Deletion and substitution of First to Fifth Schedules and new Sixth and Seventh Schedules

7. The principal Order is amended by deleting the First to Fifth Schedules and substituting the following Schedules:

“FIRST SCHEDULE

Paragraph 2A

Relevant States

Austria

Belgium

Canada

Denmark

5.	European Community

Finland

France

Germany

Greece

10.	Hong Kong Special Administrative Region of the People’s Republic of China

11.

Iceland

12.

Ireland

13.

Israel

14.

Italy

15.

Japan

16.

Korea

17.	Liechtenstein

18.	Luxembourg

19.	Netherlands

20.	Netherlands (with respect to Aruba)

21.

Norway

22.

Portugal

23.

Spain

24.

Sweden

25.	Switzerland

26.	United Kingdom

27.	United States of America.

SECOND SCHEDULE

Paragraphs 3, 4, 8 and 9

CONTRACTING AUTHORITIES

PART I

1.	Attorney-General’s Chambers

2.	Auditor-General’s Office

3.	Cabinet Office

Istana

5.	Judicature

6.	Ministry of Community Development, Youth and Sports

7.	Ministry of Education

8.	Ministry of Finance

9.	Ministry of Foreign Affairs

10.	Ministry of Health

11.	Ministry of Home Affairs, including the Presidential Council for Religious Harmony, and excluding the Central Narcotics Bureau, the Criminal Investigation Department of the Singapore Police Force, the Internal Security Department and the Security Command

12.	Ministry of Information, Communications and the Arts

13.	Ministry of Law

14.	Ministry of Manpower

15.	Ministry of National Development

16.	Ministry of the Environment and Water Resources

17.	Ministry of Trade and Industry

18.	Ministry of Transport

19.	Parliament (including the Presidential Council of Minority Rights)

20.	Prime Minister’s Office

21.

Public Service Commission.

PART II

1.	Agency for Science, Technology and Research

2.	Board of Architects

3.	Building and Construction Authority

4.	Civil Aviation Authority of Singapore

5.	Economic Development Board

6.	Housing and Development Board

7.	Info-communications Development Authority of Singapore

8.	Inland Revenue Authority of Singapore

9.	International Enterprise Singapore Board

10.	Jurong Town Corporation

11.	Land Transport Authority of Singapore

12.	Maritime and Port Authority of Singapore

13.	Media Development Authority of Singapore

14.	Monetary Authority of Singapore

15.	Nanyang Technological University

16.	National Parks Board

17.	National University of Singapore

18.	Preservation of Monuments Board

19.	Professional Engineers Board

20.	Public Transport Council

21.	Sentosa Development Corporation

22.	Singapore Tourism Board

23.	Standards, Productivity and Innovation Board

24.

Urban Redevelopment Authority.

PART III

Ministry of Defence.

THIRD SCHEDULE

Paragraphs 4, 5, 8 and 9

Services The Procurement Of Which Is Subject To The Act For The Purposes Of Paragraph 4(1)(a)(ii)

Part I

Central Product
Classification Code

Description

862

Accounting, Auditing and Book-keeping Services

865

Management Consulting Services

874

Building Cleaning Services

641 – 643

Hotels and Restaurants (including catering)

74710

Travel Agencies and Tour Operators

7472

Tourist Guide Services

843

Data Processing Services

844

Database Services

932

Veterinary Services

84100

Consultancy Services related to the Installation of Computer Hardware

84210

Systems and Software Consulting Services

87905

Translation and Interpretation Services

7523

Electronic Mail

7523

Voice Mail

7523

On-Line Information and Database Retrieval

7523

Electronic Data Interchange

96112

Motion Picture or Video Tape Production Services

96113

Motion Picture or Video Tape Distribution Services

96121

Motion Picture Projection Services

96122

Video Tape Projection Services

96311

Library Services

7512

Courier Services

—

Biotechnology Services

—

Exhibition Services

—

Commercial Market Research

—

Interior Design Services (excluding Architectural Services)

—

Professional Advisory and Consulting Services relating to Agriculture, Forestry, Fishing and Mining, including Oilfield Services.

Part II

Central Product
Classification Code

Description

8671

Architectural Services

8672

Engineering Services.

FOURTH SCHEDULE

Paragraphs 4, 8 and 9

Construction Services The Procurement Of Which Is Subject To The Act

Central Product
Classification Code

Description

512

General Construction Work for Buildings

513

General Construction Work for Civil Engineering

514, 516

Installation and Assembly Work

517

Building Completion and Finishing Work

511, 515, 518

Others.

FIFTH SCHEDULE

Paragraphs 4, 8 and 9

Goods The Procurement Of Which By The Ministry Of Defence Is Subject To The Act For The Purposes Of Paragraph 4(1)(b)

FSC
Category

Description

Railway Equipment

Ground Effect Vehicles, Motor Vehicles, Trailers and Cycles

Tractors

Vehicular Equipment Components

Tyres and Tubes

Engine Accessories

Mechanical Power Transmission Equipment

Bearings

Woodworking Machinery and Equipment

Metalworking Machinery

Service and Trade Equipment

Special Industry Equipment

Agricultural Machinery and Equipment

Construction, Mining, Excavating and Highway Maintenance Equipment

Materials Handling Equipment

Ropes, Cables, Chains and Fittings

Refrigeration, Air-Conditioning and Air Circulating Equipment

Fire Fighting, Rescue and Safety Equipment

Pumps and Compressors

Furnaces, Steam Plant and Drying Equipment

Plumbing, Heating and Sanitation Equipment

Water Purification and Sewage Treatment Equipment

Pipes, Tubings, Hoses and Fittings

Valves

Handtools

Measuring Tools

Hardware and Abrasives

Prefabricated Structures and Scaffolding

Lumber, Millwork, Plywood and Veneer

Construction and Building Materials

Electric Wires, Power and Distribution Equipment

Lighting, Fixtures and Lamps

Alarm, Signal and Security Detection Systems

Medical, Dental and Veterinary Equipment and Supplies

Photographic Equipment

Chemicals and Chemical Products

Training Aids and Devices

General Purpose Automatic Data Processing Equipment, Software, Supplies and Support Equipment

Furniture

Household and Commercial Furnishings and Appliances

Food Preparation and Serving Equipment

Office Machines, Text Processing Systems and Visible Record Equipment

Office Supplies and Devices

Books, Maps and Other Publications

Musical Instruments, Photographs and Home-Type Radios

Recreational and Athletic Equipment

Cleaning Equipment and Supplies

Brushes, Paints, Seals and Adhesives

Containers, Packaging and Packing Supplies

Textiles, Leather, Furs, Apparel and Shoe Findings, Tents and Flags

Clothing, Individual Equipment and Insignia

Toiletries

Agricultural Supplies

Live Animals

Subsistence

Fuels, Lubricants, Oils and Waxes

Non-metallic Fabricated Materials

Non-metallic Crude Materials

Metal Bars, Sheets and Shapes

Ores, Minerals and their Primary Products

Miscellaneous.

SIXTH SCHEDULE

Paragraph 4

Services The Procurement Of Which
Is Not Subject To The Act In Relation To
The United States Of America

1.	Research and Development Services

2.	Police, Public Order, Public Safety and Security Services and Compulsory Social Security Services

3.	Radio and Television Services (including Transmission Services)

4.	Examination Services

5.	Asset Management and Other Financial Services Procured by the Ministry of Finance and the Monetary Authority of Singapore for the Purpose of Managing Official Foreign Reserves and Other Foreign Assets of the Government

6.	Urban Planning and Landscape Architectural Services

7.	Real Estate Services (excluding Consultancy Services, Agency Services, Auction and Valuation Services)

8.	Supply of Potable Water for Human Consumption

9.	Social Services

10.	Printing of Government Legislation and Gazette

11.	Sale and Distribution Services for Government Debt.

SEVENTH SCHEDULE

Paragraph 5

Procurements Not Subject To The Act

1.	Procurements arising out of construction contracts for chanceries overseas and headquarters buildings made by the Ministry of Foreign Affairs.

2.	Procurements having security considerations undertaken by the Ministry of Home Affairs.”.

Transitional provision

8.—(1) Notwithstanding the provisions of this Order, a procurement which, but for this Order, would not have been a procurement subject to the Act, is not a procurement subject to the Act if it is initiated before 20th November 2004.

(2) For the purposes of sub-paragraph (1), a procurement is 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 or obtaining of an offer in relation to the procurement.

Made this 5th day of November 2004.

LIM SIONG GUAN

Permanent Secretary,
Ministry of Finance,
Singapore.

[MF E 3.9.2730 Vol. 1; AG/LEG/SL/120/2002/1 Vol. 1]