The Public Sector Agreement serves as the primary contracting instrument for Malaysian government entities engaging in procurement of goods, services, or works from private sector providers. This document type is essential for ensuring compliance with Malaysian public procurement regulations, particularly the Government Contracts Act 1949, Financial Procedure Act 1957, and Treasury Instructions. It incorporates mandatory provisions for public sector contracts including integrity clauses, performance requirements, and government-specific terms. The agreement is designed to protect public interest while maintaining transparency and accountability in government procurement. It includes specific requirements for various types of procurement and can be adapted for different government departments and agencies while maintaining core compliance elements.

1. Parties: Identification of the Government party (including relevant ministry/department) and the contracting party, with their full legal names and addresses

2. Background: Context of the agreement, procurement process reference, and basis of contractor selection

3. Definitions and Interpretation: Definitions of key terms, interpretation rules, and language governing provisions

4. Scope of Agreement: Detailed description of goods/services/works to be provided, including specifications and standards

5. Duration: Contract period, commencement date, and completion timeline

6. Contract Price and Payment Terms: Pricing details, payment schedule, and invoicing requirements as per Treasury Instructions

7. Performance Standards: Required quality levels, KPIs, and performance measurement criteria

8. Obligations of the Contractor: Contractor's duties, deliverables, and compliance requirements

9. Government's Rights and Obligations: Government's responsibilities, oversight rights, and support obligations

10. Anti-Corruption and Integrity: Mandatory integrity provisions as per MACC Act requirements

11. Security and Confidentiality: Information security requirements and confidentiality obligations

12. Intellectual Property Rights: Ownership and usage rights of IP created or used under the agreement

13. Insurance and Indemnity: Required insurance coverage and indemnification provisions

14. Termination: Termination rights and procedures for both parties

15. Dispute Resolution: Dispute resolution procedures and governing law provisions

16. General Provisions: Standard boilerplate clauses including notices, amendments, and entire agreement