Procurement Legislation

The information below outlines the relevant NSW Government policies, guides and legislation with respect to procurement.

The NSW Procurement Board is responsible for overseeing the NSW Government’s procurement system, setting policy and ensuring compliance.

Under the Public Works and Procurement Act 1912, it has the statutory power to issue directions to Agencies, and make decisions and monitor the progress of Agency compliance. It accredits Agencies to undertake their own procurement of goods and services.

The ProcurePoint website (https://www.procurepoint.nsw.gov.au/policy-and-reform/nsw-procurement-board) explains in detail the objectives and functions of the NSW Procurement Board.

Legislation

  • Public Works and Procurement Act 1912
  • Public Finance and Audit Act 1983
  • Disability Discrimination Act 1992
  • Public Interest Disclosure Act 1994 (PID Act)
  • Independent Commission Against Corruption (ICAC) Act 1998
  • Government Information (Public Access) Act 2009
  • Work Health and Safety Act 2011
  • Government Sector Employment Act 2013
  • Government Sector Employment Regulation 2014
  • Government Sector Employment Rules 2014
  • Public Works and Procurement Regulation 2014

Guides

  • ICAC Guidelines for Managing Risks in Direct Negotiations
  • NSW Government Procurement Policy Framework
  • NSW Procurement Board Industry Engagement Guide
  • NSW Governments Board of Directions.
  • NSW Government Unsolicited Proposals Guide
  • Premiers’ Memoranda and Circulars

Advice on NSW Government Procurement: ProcurePoint website or contact the NSW Procurement Client Support Centre by emailing nswbuy@services.nsw.gov.au or calling 1800 679 289.

Legal advice: IPART Legal Services.

Advice on IPART policies and procedures: – Procurement Manager and the IPART Finance team.

IPART is a non-accredited Agency and the Chief Executive Officer (CEO) of IPART has the delegation to undertake the procurement of goods and services (not available under Whole of Government contracts) up to a value of $1.5m.

For Requirements above a given value threshold which is currently set at $30,000, IPART is obligated to use the procurement services of NSW Procurement or an accredited Agency in the Department of Premier and Cabinet Cluster (DPC) (note: no Agency is currently accredited in the DPC cluster – 06/12/2016). These limitations are reflected in the guides for each of the Schemes that are contained within this manual.

The Intranet service operates as a guide based the estimate spend for the Requirement and assigns the rules and approach as to whether it is on a government contract, high or low risk, high or low value or pCard or Purchase Requisition. IPART Staff should follow the Guides for the specific scheme, level of spend and risk (high or low) that is being estimated.

Procurement Delegations are devolved to IPART staff in accordance to the CFO’s instrument of delegations, subject to the above unaccredited guidelines.

Procurement Rules applicable to IPART in terms of the following which are also reflected in the guides:

Thresholds Unaccredited agency (IPART)
Procurements > $3,000 and < $30,000 May procure goods and services in this category that are not available on whole-of-government contracts, subject to seeking at least one written quotation,
Procurements > $30,000 and < $1m May procure goods and services in this category that are not available on whole-of-government contracts through a competitive procurement process, which may be achieved through:

  • At least three written quotations, or
  • Where concurrency has been obtained from an accredited agency within the agency’s cluster or from DFSI.
Low risk procurements> $1m Can procure goods and services in this category that are not available on whole-of-government contracts and which are assessed by the agency head (or Delegate) as being low risk, subject to conducting a competitive procurement process endorsed by an accredited Agency within the DPC cluster, NSW Procurement, or an independent person determined and appointed by the Agency Head (CEO) as being appropriate to the nature of the procurement being undertaken.

Note: At this point in time no Agency within the DPC cluster is accredited.

High risk procurements > $1m Can procure goods and services in this category that are not available on whole-of-government contracts and that are assessed and subject to submitting full details of the proposed competitive procurement process to DFSI for approval.