Malaysia legislation
Section 69
Section 69
(a)
the procedures leading to the award of the Government procurement contract which is the subject matter of the appeal; or
(b)
the implementation of any decision made while undertaking the procedures mentioned in paragraph (a).
(2)
The application under subsection (1) shall be made within seven days from the filing of the notice of appeal and supported with an affidavit stating reasonable grounds for such order.
(3)
The appellant shall provide a copy of the application under subsection (1) together with supporting affidavit to the procuring entity without unnecessary delay.
(4)
The procuring entity may file an affidavit to the Appeal Tribunal stating the reasons for not making an order to suspend the
Government procurement, including public interest reasons supported by a Procurement Public Interest Certificate issued under section 32.
(5)
The Appeal Tribunal, upon considering the affidavits of the appellant and the procuring entity, may decline the request by the appellant or make an order to suspend the Government procurement, either unconditionally or upon such terms and conditions as may be determined by the Appeal Tribunal.
Government Procurement 63
(6)
The Appeal Tribunal must not make an order under this section if—
(a)
such suspension is against the public interest; or
(b)
the contract mentioned in paragraph (1)(a) has already been awarded at the date of hearing of the application for the order.
(7)
Where the Appeal Tribunal refuses to make an order under this section, the Appeal Tribunal shall give the reasons for its refusal in writing.
Exclusion of jurisdiction of court