Procurement legislation amendments effective this Friday
The Public Works and Procurement Act 1912 is amended from 29 November 2019 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
- require an agency head to investigate and attempt to resolve any such complaint
- enable a supplier who has lodged a complaint to apply to the Supreme Court for an injunction to enforce compliance
- authorise the Supreme Court to make an order for the agency to pay limited compensation to a supplier.
The NSW Procurement Board has issued Complaint Management Guidelines to help agencies to implement the new statutory complaint process relating to international procurement agreements.
PBD 2019-05 Enforceable Procurement Provisions Direction (EPP Direction) also commences on 29 November 2019. The EPP Direction sets out 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.
The Procurement Policy Framework has been updated to reflect the requirements of the EPP Direction.
Contravention of the EPP Direction may potentially be the subject of a supplier complaint under the new legislative amendments. The EPP Direction applies to 41 NSW Government agencies. View covered agencies.