Discusses the legal requirements for selling to the host gov't, including whether the gov't has agreed to abide by the WTO Government Procurement Agreement.
Malaysia Government Procurement Flowchart
Selling to the Government
Government procurement refers to the acquisition of supplies, services, and works following Malaysia’s current rules and regulations to achieve a set of objectives. In line with good governance practices, the GOM aims to implement good procurement practices for public accountability, transparency, best value for money, open and fair competition, and fair dealing. Any individual, company, or corporate body wishing to participate in the Government procurement of supplies and services must register with the MOF. For works, they must register with the Contractors Service Centre (Pusat Khidmat Kontraktor -(PKK)) at http://www.kkr.gov.my/en and the Construction Industry Development Board Malaysia (CIDB), which are agencies under the Ministry of Works Malaysia.
The GOM categorizes procurement by the following:
Works: Works contracts include construction and engineering activities involving infrastructure and structures such as buildings, airports, roads/highways, dams, drainage, etc. It is also inclusive of mechanical and electrical aspects of works.
Supplies include raw, intermediate, or finished goods and products for any activity of users. Also included are construction materials, food products, uniforms, vehicles, equipment, spare parts, and furniture.
Services: Services include engagement of labor, expertise, and consultants in the areas of feasibility studies, research, designing, surveying, and management. Repairs, maintenance, and cleaning services are minor activities under this category.
Types of procurement include:
- Direct Purchase: This procedure allows procurement of supplies and services up to the value of RM50,000 directly through the issue of a government order to any known registered suppliers of consistent and reliable goods of acceptable quality. Procurement of works valued up to RM20,000 may be through the issue of a Works Indent to a contractor that registered with the Contractors Services Centre (PKK) and CIDB Malaysia.
- Tender: Procurement of works, supplies, and services valued above RM500,000 must go through tender processes. All contractors intending to participate in any local tenders must register with the GOM. If there are no locally produced supplies or services available, the government may open the tendering process to international bidders. For specific works, the government may offer tenders on a joint venture basis between Malaysian and foreign contractors to encourage the transfer of technology, if local contractors do not have the expertise and capability. International bids result when Malaysian contractors do not have the expertise and capability, and a joint venture is not possible.
- Registered Contractors: All individuals, companies, or corporate bodies intending to participate in GOM procurement are required to register with the Malaysian MOF and relevant Ministries and Agencies. The registration process ensures that all companies or contractors are genuine, committed in their business fields, and have the capability to carry out works or supply and provide the services.
U.S. companies bidding on Government tenders may also qualify for USG advocacy. A unit of the DOC’s International Trade Administration, the Advocacy Center coordinates U.S. Government interagency advocacy efforts on behalf of U.S. exporters bidding on public sector contracts with international governments and government agencies. The Advocacy Center works closely with our network of the U.S. Commercial Service worldwide and inter-agency partners to ensure that exporters of U.S. products and services have the best possible chance of winning government contracts. Advocacy assistance can take many forms but often involves the U.S. Embassy or other U.S. Government agencies expressing support for the U.S. bidders directly to the foreign government. Consult Advocacy for Foreign Government Contracts for additional information.
- Specifications drawn are functional or performance based.
- Tailored specifications to suit any brand or country are strictly forbidden.
- Objection to tailored specs – 14 days for local tenders and 28 days for international
Tender Deposits (2)
- Local suppliers and contractors registered with the Government are exempted from tender deposits; International bidders are required to furnish a tender deposit ranging from RM60,000 for bids below RM5 million; RM 1 million for bids exceeding RM30 million for supplies and services.
- For works contracts, bidders need to furnish tender deposits ranging from RM60,000 for contracts below RM10 million to RM 1 million for contracts exceeding RM100 million.
Selection of Successful Bidder (3)
- Agency Procurement Boards consider all tenders.
- Tenders above RM100 million for works and RM50 million for supplies and services, the MOF has the final decision.
Public procurement before 2018 was often not transparent with many of the government infrastructure projects awarded through negotiated tenders. After the Pakatan Harapan party won the election in 2018, the private sector requested a fair and public procurement law with more transparency and integrity incorporated into the procurement process, leading Parliament to pass new procurement legislation in 2019. This new legislation governs all procurement processes to ensure transparency and competition while discouraging abuse of power, negligence, and corruption. The new administration, which took power in March 2020, has not expressly committed to maintaining these policies.
All federal procurements are published in the eProcurement (https://www.eperolehan.gov.my/home) and approving limit was set as follows:
Financing of Projects
In Malaysia, Government initiated projects are usually funded by the MOF. Though other ministries may implement the tender or oversee technical committees, MOF is the final decision maker in all significant projects. Government procurement is one of the areas that the recently launched National Anti-Corruption Plan to reform to improve efficiency and transparency. The Islamic Development Bank (IsDB) finances a few projects in Malaysia, mainly in the areas of healthcare and university expansion. Malaysia is a high-or-mid-income country by the IsDB and a partner in providing technical expertise to other IsDB member countries.
The Commercial Service maintains Commercial Liaison Offices in each of the leading Multilateral Development Banks, including the Asian Development Bank and the World Bank. These institutions lend billions of dollars in developing countries on projects aimed at accelerating economic growth and social development by reducing poverty and inequality, improving health and education, and advancing infrastructure development. The Commercial Liaison Offices help American businesses learn how to get involved in bank-funded projects and advocate on behalf of American bidders.
The Export–Import Bank of the U.S. (Exim Bank): For many U.S. exporters, lack of financing can stand in the way of global growth. EXIM has several forms of support that can provide a solution such as working capital loan guarantee, export credit insurance.
U.S. International Development Finance Corporation: DFC is America’s development bank and partners with the private sector to finance solutions and invest across sectors including energy, healthcare, critical infrastructure, and technology. DFC also provides financing for small businesses and women entrepreneurs to create jobs in emerging markets. DFC investments adhere to high standards and respect the environment, human rights, and worker rights.
U.S. Trade and Development Agency: The USTDA helps companies create U.S. jobs through the export of U.S. goods and services for priority development projects in emerging economies. USTDA links U.S. businesses to export opportunities by funding project preparation and partnership building activities that develop sustainable infrastructure and foster economic growth in partner countries.
Some of USTDA’s tools include funds for early-stage project preparation activities such as feasibility studies, technical assistance, and pilot projects, which provide the analysis needed for projects to attract financing and reach implementation. Additionally, USTDA creates market access for U.S. companies, connecting them with key decision-makers in emerging economies by hosting reverse trade missions (RTM), conferences, workshops, and training. The Agency’s RTMs bring overseas decision-makers to the United States to introduce them to the design, manufacture, and operation of U.S. goods and services that can help advance their infrastructure development goals.
USTDA facilitates U.S. business participation in the preparation and execution of infrastructure development projects. The Agency helps build the infrastructure for trade, match U.S. expertise with overseas development needs, and facilitate business partnerships between the U.S. industry and emerging markets. These partnerships allow the Agency to target its investments toward projects that are most likely to be implemented using U.S. goods and services.
In Malaysia, USTDA has successfully provided grant funding for technical assistance for a Smart City project that will transform how Malaysia’s fast-growing Iskandar region manages its urban planning and development through advanced data analytics CS Malaysia is in the process of hiring a USTDA desk officer that will be covering Asia by end of 2021.
USTDA regional office (covering Southeast Asia) contacts:
- Brandon Megorden, Regional Manager for Asia, firstname.lastname@example.org
- Rachaneekorn Sriswasdi, Deputy Regional Manager for Asia, email@example.com Washington, DC:
- Verinda Fike, Regional Director for South and Southeast Asia, firstname.lastname@example.org
- Alissa Lee, Country Manager, email@example.com
- Jeffrey Philips, Country Manager, firstname.lastname@example.org
- John Krotzer, Country Manager, email@example.com
The ADB’s assistance to Malaysia focuses on advancing regional cooperation and integration, providing advisory services, building institutional capacity, and promoting sustainable development and green growth.
ADB supports and facilitates Malaysia’s active involvement in the Association of Southeast Asian Nations (ASEAN), the Brunei Darussalam–Indonesia–Malaysia–the Philippines East ASEAN Growth Area (BIMP-EAGA), the Indonesia–Malaysia–Thailand Growth Triangle (IMT-GT), and the Coral Triangle Initiative. Priorities include cross-border infrastructure projects, economic corridor and border development, energy cooperation, and coordinated management of coastal and marine ecosystems ADB operations in Malaysia are expected to strengthen under the Arrangement of Cooperation and beyond. The bank will target sectors and identify thematic priorities to help Malaysia achieve its development agenda.
- Bank Negara Malaysia | Central Bank of Malaysia
- Asian Development Bank: https://www.trade.gov/adb
- World Bank: https://www.trade.gov/world-bank