In forceUpdated to 26 May 2026Read it in Bahasa Malaysia

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Government Procurement Act 2026 · Updated to 26 May 2026 · Part II

7. Duties and powers of controlling officer

(1)

A controlling officer shall have the following duties and powers:

(a)

to be accountable for every act done and decision made in relation to Government procurement administered, conducted or implemented within his purview;

(b)

to supervise procurement officers and procurement committees under his supervision and monitor their compliance with this Act and any instructions or circulars issued under this Act;

(c)

to exercise due diligence and have in place adequate procedures to avoid conflict of interest when exercising his powers, discharging his duties and performing his functions under this Act and in accordance with any instructions or circulars issued under this Act;

(d)

to administer, conduct or implement any Government procurement of which the planning and estimation for the allocated funds have been prepared and approved by the Federal Government or State Government, as the case may be;

(e)

to consider and approve a Government procurement in accordance with this Act;

(f)

to designate or appoint procurement officers and establish procurement committees to assist the controlling officer in performing any of his duties and in the exercise of his powers under this Act;

(g)

to specify the extent to which the duties and powers conferred or imposed upon him under this Act may be exercised or performed on his behalf by a procurement officer or procurement committee, as the case may be, in accordance with this Act;

(h)

to establish a review panel for the handling of complaints relating to Government procurement administered, conducted or implemented by the procuring entity within his purview; and

(i)

to carry out all such activities and do all such things as are necessary or advantageous and proper for the administration of this Act, or for such other purpose consistent with this Act as may be directed by the

Secretary General to the Treasury.

(2)

Notwithstanding paragraph (1)(g), the controlling officer shall remain accountable for the exercise or performance of such duties and powers by the person so authorized.

(3)

A controlling officer shall be responsible for any loss incurred by the Government arising from his failure to ensure that his duties and powers are exercised and performed in accordance with this Act and any instructions or circulars issued under this

Act.

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
procurement officer
Defined · s 5
“procurement officer” means any public officer or person designated or appointed under subsection 8(1) as a procurement officer under this Act;
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
specify
Defined · s 5
“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;
Open s 5
this Act
Defined · s 5
“this Act” includes any subsidiary legislation made under this Act;
Open s 5
Treasury
Defined · s 5
“Treasury” means the Minister for the time being charged with the responsibility for finance and includes any public officer under the administrative control or direction of that Minister to whom that Minister has delegated or who, in accordance with section 6 or 7 of the Delegation of Powers Act 1956, is authorized to exercise the functions under this Act;
Open s 5

Report

Read on from s 8

Part III

Approvals in Government Procurement

Read on from Part III

Part IV

Read on from Part IV

Part V

Conduct of Procurement

Read on from Part V

Part VI

Integrity and Reporting

Read on from Part VI

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