New Board Direction PBD 2019-05 Enforceable Procurement Provisions Direction starts 29 November 2019
Amendments to NSW Government procurement legislation will commence 29 November 2019. The amendments are set out in the Public Works and Procurement Amendment (Enforcement) Act 2018.
On 29 November 2019 the Public Works and Procurement Act 1912 will be amended to:
- authorise the NSW Procurement Board to issue directions and policies with enforceable procurement provisions relating to international procurement agreements
- establish a statutory right for a supplier to complain to an agency head about alleged non-compliance with an enforceable procurement provision relating to international procurement agreements
- require an agency head to investigate and attempt to resolve any such complaint.
A supplier who has lodged a complaint alleging an agency has not complied with an enforceable procurement provision relating to international procurement agreements can apply to the Supreme Court for an injunction to enforce compliance. In some circumstances the supplier can also apply to the Court for an order that the agency pay limited compensation.
PBD 2019-05 Enforceable Procurement Provisions Direction (EPP Direction) sets out the enforceable procurement provisions which give effect to requirements under the World Trade Organisation Government Procurement Agreement (WTO GPA) and government procurement provisions in other free trade agreements applying in NSW. Contravention of the EPP Direction may potentially be the subject of a supplier complaint under the new legislative amendments.
From 29 November 2019 the EPP Direction will apply to 41 NSW Government agencies including all principal government departments. View covered agencies.
The NSW Procurement Board has issued Complaint Management Guidelines to assist agencies to implement the new statutory complaint process relating to international procurement agreements.