Malaysia legislation
Section 89
Section 89
(2)
Without limiting the generality of subsection (1), the Minister may make regulations in relation to all or any of the following matters:
(a)
the exercise of the duties and powers of a controlling officer under section 7;
(b)
the exercise of the duties and powers of a procurement officer under section 8;
(c)
the Government procurement procedures by procuring entity other than a Ministry or ministry or department of a State under section 9;
(d)
the procedures for the approval of Government procurement under section 10, including the establishment and appointment of any committee for the purposes of evaluation, consideration and recommendation of any matter in Government procurement, including the administration and procedures for such committee;
(e)
the administration of a procurement board under sections 11
and 12, including—
(i)
the conditions and procedure for approvals by any person with the authority to approve Government procurement; and
(ii)
matters relating to confidentiality and integrity of the decision-making process;
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(f)
the procedure for registration, renewal of registration, amendment of registration, suspension of registration and revocation of registration under Part IV, including—
(i)
the requirements and preconditions for registration, renewal of registration and amendment of registration;
(ii)
the procedure for assessment of fit and proper person;
(iii)
the subject matter, form and manner for declaration required to be made under paragraph 18(3)(b);
(iv)
the fees and charges;
(v)
the form and manner for disclosure of interest under subsection 37(2); and
(vi)
the procedures for giving the opportunity to be heard under subsection 21(5);
(g)
the conduct of procurement under Part V, including—
(i)
the procedures for open and competitive procurement;
(ii)
the criteria, qualifications, conditions and limitations for the application of methods other than the open and competitive procurement method and the procedures;
(iii)
the conditions and procedures for the issuance of
Procurement Public Interest Certificate;
(iv)
the fees and charges; and
(v)
the form and manner of contract between procuring entity and registered person;
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(h)
the criteria and conditions for the approval of a transfer, assignment or novation of a contract or any interest in a contract, and transfer or assignment of a grant and any interest in a grant under section 35;
(i)
the form and manner for the disclosure of interest under section 37;
(j)
the procedures for the administration of a review panel under section 62, including—
(i)
the powers and duties of review panel and members of review panel;
(ii)
the form and manner of submission for review;
(iii)
the methods of Government procurement and party eligible to submit for review; and
(iv)
the fees and charges;
(k)
the procedures relating to the administration of the Appeal
Tribunal under Part X, including—
(i)
the responsibilities and control of members of the Appeal Tribunal;
(ii)
the administration of the funds allocated to the
Appeal Tribunal;
(iii)
remuneration, allowances and benefits for the
Chairman and the members of the Appeal Tribunal;
(iv)
the conduct of the proceedings;
(v)
provisions relating to costs and expenses by the
Appeal Tribunal; and
(vi)
the fees, charges and deposits;
(l)
the fees, charges and deposits to be paid in respect of any matter under this Act; and
(m)
any other matters required by this Act to be prescribed.
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Power of Minister to amend Schedules