Malaysia legislation
Section 80
Section 80
(2)
The decision of the Appeal Tribunal on any matter shall be decided on a majority of members of the Appeal Tribunal.
(3)
The Appeal Tribunal shall have the power—
(a)
to affirm the decision of the review panel;
(b)
to vary the decision of the review panel; or
(c)
to set aside the decision of the review panel and make a new decision.
(4)
The Appeal Tribunal shall give reason for its decision in any appeal heard before it.
(5)
If the Appeal Tribunal makes a decision under paragraph (3)(c), the Appeal Tribunal may make the following orders:
(a)
in the case where the Government procurement was suspended in accordance with section 69, order any decision or action taken by the procuring entity concerned in relation to the Government procurement which is the subject of the challenge to be set aside and order the procuring entity to take one or more decision or action, in accordance with the relevant provisions of this Act, in place of that which has been set aside;
Government Procurement 69
(b)
in the case where the Government procurement was not suspended and a letter of acceptance has not been signed by parties, order the procuring entity to remedy the situation and place the appellant or the Government procurement process or both to the position prior to the subject matter of the appeal being submitted to the Appeal Tribunal; and
(c)
in the case where the Government procurement was not suspended and a letter of acceptance has been signed by parties, order the procuring entity to pay to the appellant the costs of participation in the qualification of suppliers and contractors, or the costs of tender preparation, reasonably incurred by the appellant for the purposes of the Government procurement.
(6)
The Appeal Tribunal may, in addition to an order made under paragraph (5)(a) or (5)(b), order the procuring entity to pay to the appellant the costs of participation in the qualification of suppliers and contractors, or the costs of tender preparation, reasonably incurred by the appellant for the purposes of the
Government procurement.
(7)
A decision of the Appeal Tribunal shall be final and binding on the parties to the appeal.
(8)
The decision of the Appeal Tribunal shall be in writing and published in the form and manner as prescribed.
Enforcement of decision of Appeal Tribunal