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Government Procurement Act 2026 · Updated to 26 May 2026 · Part VI · Integrity and Reporting

38. Prohibition against intervention in Government procurement

(1)

No person shall, directly or indirectly, intervene or, by intimidation, undue influence or in any other manner interfere, in an active procurement so as to cause or which is likely to cause a departure from the procurement process under this Act or any instructions, circulars or guidelines issued under this Act.

(2)

Any person who contravenes this section commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.

(3)

For the purposes of this section—

(a)

“active procurement” means the period from the date an approval to commence a Government procurement is given by a controlling officer until the date the letter of acceptance is signed by parties;

(b)

“letter of acceptance” means an official letter issued by a procuring entity informing the unconditional acceptance by the Government of the offer submitted by the successful registered person.

Terms defined in s 5

circulars
Defined · s 5
“circulars” means any circulars issued under section 91;
Open s 5
controlling officer
Defined · s 5
“controlling officer” means— (a) a person appointed under subsection 15a(1) of the Financial Procedure Act 1957; or (b) a person appointed under subsection 9(1), to exercise the duties and powers of a controlling officer under this Act;
Open s 5
Government procurement
Defined · s 5
“Government procurement” means any procurement for the supply of goods or services or for works funded by the allocation of funds by the Federal Government or any State Government, as the case may be, whether fully or partially, or through the use of any assets owned by the Federal Government or any State Government, as the case may be;
Open s 5
instructions
Defined · s 5
“instructions” means any instructions issued under section 91 or 92, as the case may be;
Open s 5
procuring entity
Defined · s 5
“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;
Open s 5
registered person
Defined · s 5
“registered person” means a person registered under section 18, and includes— (a) every person named in a registration; (b) in the case of a company, the directors, shareholders and senior management of the company; (c) in the case of a partnership, all the partners in the partnership; and (d) in the case of a co-operative society, any person holding key responsibility in the management of the co-operative society;
Open s 5
this Act
Defined · s 5
“this Act” includes any subsidiary legislation made under this Act;
Open s 5

Report

Part VII

Read on from Part VII

Part VIII

Read on from Part VIII

Part IX

Complaints, Objections and Review

Read on from Part IX

Part X

Government Procurement Appeal Tribunal

Read on from Part X

Part XI

Administrative Action and Prosecution

Read on from Part XI

Part XII

General

Read on from Part XII