GOVERNMENT PROCUREMENT ACT 2026

Government Procurement A BILL LAWS OF MALAYSIA Act 882 GOVERNMENT PROCUREMENT ACT 2026 1 2 Laws of Malaysia Act 882 Date of Royal Assent ... ... 16 May 2026 Date of publication in the Gazette ... ... 26 May 2026 Publisher’s Copyright C PERCETAKAN NASIONAL MALAYSIA BERHAD All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means electronic, mechanical, photocopying, recording and/or otherwise without the prior permission of Percetakan Nasional Malaysia Berhad (Appointed Printer to the Government of Malaysia). Government Procurement 3 LAWS OF MALAYSIA Act 882 GOVERNMENT PROCUREMENT ACT 2026 ARRANGEMENT OF SECTIONS Part I PRELIMINARY Section 1. Short title and commencement 3. Non-application 2. 4. 5. Application Act to be read together with relevant written laws Interpretation Part II ADMINISTRATION OF GOVERNMENT PROCUREMENT 6. 7. 8. 9. Administration of Government procurement by Secretary General to the Treasury Duties and powers of controlling officer Duties and powers of procurement officer Administration of Government procurement by procuring entity other than a Ministry or ministry or department of a State Part III APPROVALS IN GOVERNMENT PROCUREMENT 10. Approving authority in Government procurement 12. Approvals by procurement board 11. 13. Establishment of procurement board Approvals by Minister, Menteri Besar, Chief Minister, etc. 4 Laws of Malaysia Act 882 Part IV REGISTRATION OF SUPPLIERS AND CONTRACTORS Section 14. Registrar, deputy registrar and registration officer 15. Duties and powers of Registrar 16. Guidelines and written directions by Registrar 17. Requirement to register 18. Application for registration, etc. 19. Grounds for refusal of registration, etc. 20. Registration deemed to be revoked 21. Suspension and revocation of registration 22. Prohibition on registration 23. Effect of suspension and revocation 24. Exemption from registration 25. Power to publish information 26. Review of decision by Registrar on suspension, revocation and prohibition 27. Prohibition on registration in the same classification code Part V CONDUCT OF PROCUREMENT 28. Open and competitive procurement 29. Specific policy and measures in Government procurement 30. Specific procedure during period of urgency 31. Provisions for implementing international obligations 32. Procurement Public Interest Certificate 33. Government procurement contract 34. Administration of Government procurement contract 35. Prohibition on transfer, etc., of Government procurement grant or contract 36. Computerized system for administration of Government procurement Government Procurement 5 Part VI INTEGRITY AND REPORTING Section 37. Duty to disclose interest 38. Prohibition against intervention in Government procurement Part VII COMPLIANCE MONITORING 39. Compliance monitoring and supervisory authority of Secretary General to the Treasury and State financial authority 40. Compliance monitoring by controlling officer 41. Power to require information 42. Power to require compliance assessment report 43. Actions based on findings of compliance assessment report 44. Duty to report to enforcement agencies Part VIII INVESTIGATION AND ENFORCEMENT 45. Authorization of public officers 46. Power of investigation 47. Search and seizure with warrant 48. Search and seizure without warrant 49. Warrant admissible notwithstanding defect 50. Access to computerized data 51. List of things seized 52. Release of things seized 53. Forfeiture of things seized 54. Property in forfeited things 55. No cost or damages arising from seizure to be recoverable 56. Power to require attendance of person acquainted with case 57. Examination of person acquainted with case 58. Admissibility of statement in evidence 59. Obstruction 60. Destruction, concealment, mutilation and alteration of records 6 Laws of Malaysia Act 882 Part IX COMPLAINTS, OBJECTIONS AND REVIEW Section 61. Administration of complaints, objections and review 62. Establishment and administration of review panel Part X GOVERNMENT PROCUREMENT APPEAL TRIBUNAL 63. Establishment of Government Procurement Appeal Tribunal 64. Resignation and revocation of appointment 65. Vacation of office 66. Composition and quorum 67. Jurisdiction 68. Appeals to Appeal Tribunal 69. Suspension order against Government procurement 70. Exclusion of jurisdiction of court 71. Powers of Appeal Tribunal 72. Procedures of Appeal Tribunal 73. Disclosure of interest by Chairman and members of Appeal Tribunal 74. Secretary of Appeal Tribunal and other officers 75. Obligation of secrecy 76. Public servants and public officers 77. Application of Public Authorities Protection Act 1948 78. Act or omission done in good faith 79. Proceedings to be public 80. Decisions of Appeal Tribunal 81. Enforcement of decision of Appeal Tribunal Part XI ADMINISTRATIVE ACTION AND PROSECUTION 82. False documents and information 83. Liability of director, etc., of body corporate, etc. 84. Liability of person for act, etc., of employee, etc. Government Procurement Section 85. Power to impose administrative penalty 86. Prosecution 87. Compounding of offences 88. General penalty Part XII GENERAL 89. Power of Minister to make regulations 90. Power of Minister to amend Schedules 91. Instructions and circulars by Secretary General to the Treasury 92. Instructions by State financial authority 93. Saving and transitional First Schedule Second Schedule 7 8 Laws of Malaysia Act 882 9 Government Procurement LAWS OF MALAYSIA Act 882 GOVERNMENT PROCUREMENT ACT 2026 An Act to provide for the duties, accountability, governance and transparency in Government procurement, the establishment of the Government Procurement Appeal Tribunal and to provide for other matters connected therewith. [ ] ENACTED by the Parliament of Malaysia as follows: Part I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the Government Procurement Act 2026. (2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette. 10 Laws of Malaysia Act 882 Application 2. (1) This Act shall apply to— (a) any person who administers, conducts or implements Government procurement; and (b) any person who participates in a Government procurement. (2) Notwithstanding anything in this section, the Minister or, in relation to a State, the Menteri Besar or Chief Minister, as the case may be, may, by order published in the Gazette, exempt from the application of this Act any one-off allocation of funds appropriated by the Supply Act or Supply Enactment, as the case may be, for any Government procurement by any statutory body, local authority, Federal Government entity, State Government entity or any other entity in relation to any new programme. Non-application 3. This Act shall not apply to— (a) any procurement or acquisition of fiscal agency or depository services, liquidation and management services for regulated financial institutions or services related to the sale, redemption and distribution of public debt, including loans and Government bonds, notes and any other securities; (b) any appointment on contract basis by the Federation or any State for the delivery of public service; and (c) any procurement— (i) conducted for the specific purpose of providing international assistance, including development aid; (ii) funded by an international organization or foreign or international grants, loans or other assistance to which procurement procedures or conditions of the international organization or donor apply; and Government Procurement 11 (iii) conducted under the particular procedure or condition of an international agreement relating to the stationing of troops or relating to the joint implementation by the signatory. Act to be read together with relevant written laws 4. This Act shall be read together with the relevant written laws relating to Government procurement and the provisions of this Act shall be in addition to, and not in derogation of, the provisions of the relevant written laws. Interpretation 5. (1) In this Act, unless the context otherwise requires— “implementing agency” means any Government department or agency prescribed by the Minister as an agency that implements Government procurement on behalf of a controlling officer; “this Act” includes any subsidiary legislation made under this Act; “Supply Act” or “Supply Enactment” means the Act or Enactment made for the appropriation of any sums from the Consolidated Fund in accordance with Articles 100 and 101 of or, sections 15 and 16 of the Eighth Schedule to, the Federal Constitution, as the case may be; “member of the administration” has the meaning assigned to it in Clause (2) of Article 160 of the Federal Constitution; “instructions” means any instructions issued under section 91 or 92, as the case may be; “statutory body” means any body corporate that is formed or incorporated pursuant to any written law but does not include a local authority; “Legislative Assembly” has the meaning assigned to it in Clause (2) of Article 160 of the Federal Constitution; 12 Laws of Malaysia Act 882 “specify”, where no mode is mentioned, means specify from time to time in writing, and a power to specify includes the power to specify differently for— (a) different persons or activities; or (b) different classes, categories or descriptions of persons or activities; “prescribed” means prescribed by the Minister in regulations made under this Act; “entity” means a company, partnership or any group of persons, whether corporate or unincorporate; “State Government entity” means— (a) any company incorporated under the Companies Act 2016 [Act 777] where— (i) in the case of a company limited by shares, the Menteri Besar or Chief Minister incorporated under any State law or any State statutory body is a shareholder having more than fifty per cent of the shares of the company; or (ii) in the case of a company limited by guarantee, the Menteri Besar or Chief Minister incorporated under any State law or any State statutory body is a member of the company; or (b) any body corporate incorporated under the Trustees (Incorporation) Act 1952 [Act 258] by the State Government; “Federal Government entity” means— (a) any company incorporated under the Companies Act 2016 where— (i) in the case of a company limited by shares, the Minister of Finance incorporated under the Minister of Finance (Incorporation) Act 1957 [Act 375] or any Federal statutory body is a shareholder having more than fifty per cent of the shares of the company; or Government Procurement 13 (ii) in the case of a company limited by guarantee, the Minister of Finance incorporated under the Minister of Finance (Incorporation) Act 1957, a representative of any Ministry or Federal statutory body is a member of the company; or (b) any body corporate incorporated under the Trustees (Incorporation) Act 1952 by the Federal Government; “procuring entity” means the Federal Government or any State Government, and includes— (a) any Ministry or Federal statutory body, the local authorities of the Federal Territories of Kuala Lumpur, Labuan and Putrajaya or any Federal Government entity; (b) any ministry or department or statutory body of a State, any local authority in a State or any State Government entity; (c) any implementing agency; and (d) any other entity, that administers, conducts or implements a Government procurement under this Act; “Ministry” means a Federal Ministry, including any department or agency under that Ministry and any department or agency of that Ministry in any State or district in Malaysia; “Ministry of Finance” means the Federal Ministry under the responsibility of the Minister