Government Procurement Act 2026 · Updated to 26 May 2026 · Part X · Government Procurement Appeal Tribunal
80. Decisions of Appeal Tribunal
Feedback & supportThe Appeal Tribunal shall make its decision without delay and where practicable, within thirty days from the first day of the hearing before the Appeal Tribunal.
Appeal Tribunal
“Appeal Tribunal” means the Government Procurement Appeal Tribunal established under section 63.
The decision of the Appeal Tribunal on any matter shall be decided on a majority of members of the Appeal Tribunal.
The Appeal Tribunal shall have the power—
to affirm the decision of the review panel;
to vary the decision of the review panel; or
to set aside the decision of the review panel and make a new decision.
The Appeal Tribunal shall give reason for its decision in any appeal heard before it.
If the Appeal Tribunal makes a decision under paragraph (3)(c), the Appeal Tribunal may make the following orders:
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
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
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.
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
procuring entity
“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;
Government procurement.
Government procurement
“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;
A decision of the Appeal Tribunal shall be final and binding on the parties to the appeal.
The decision of the Appeal Tribunal shall be in writing and published in the form and manner as prescribed.
prescribed
“prescribed” means prescribed by the Minister in regulations made under this Act;