- Whenever you enter a contract with the NSW Government body, there are certain requirements you must meet.
- Some of these goods are contractual and aimed at making sure the government receives what it pays for.
- Other obligations aim to make sure you supply goods or services in a way that’s consistent with NSW Government policy.
- Construction industry contracts come with special obligations, especially around the way you carry out work.
Under any NSW Government contract, you’ll have specific responsibilities you need to fulfill. These aim to ensure the government gets what it’s paying for and include:
- making sure the goods or services are delivered on the terms you’ve agreed
- making sure any documents required under the contract are accurate, including invoices
- completing any reporting requirements for your orders and spend
- conducting regular meetings with the agency buying from you
- keeping your contact information, product and pricing information updated.
Goods and services contracts
Depending on the size and nature of your contract, you have reporting obligations which you must complete to confirm you’re complying with government policy. We’ve set out some of these below.
On goods and services contracts over $10 million (excluding GST), you must take the following action.
- Provide a draft Aboriginal Participation Plan as part of your tender response. This should show how you’ll meet any individual contract requirements and targets for Aboriginal participation.
- Develop and finalise your Aboriginal Participation Planso that it's ready for when the contract begins.
- Provide monthly progress reports showing your progress against your Aboriginal Participation Plan. Sometimes an agency may ask you to report more frequently.
- Provide a completed Aboriginal Participation Report once the contract is finished.
SMEs and regional businesses
On any goods and services contracts over $3 million (excluding GST), you must demonstrate how you’ll support the government's economic, ethical, environmental and/or social factors, including SME participation.
You must then report each month on the commitments you made, including information on SMEs you’ve engaged to help deliver the contract.
If you’re an NGO supplying human services, you must report on:
- the location you’re delivering services, and
- the local government authority where the service user resides.
There are special requirements you must meet when you’re engaged for a construction contract. We’ve set out some of the key ones below.
On any construction project over $1 million (excluding GST), you must allocate at least 1.5% of your total spend towards Aboriginal participation. You must also develop and implement an Aboriginal Participation Plan. The first draft of this should have been submitted as part of the tender process.
For any construction contract valued between $1 million and $10 million (excluding GST), you must report quarterly on the Aboriginal Participation Plan requirements. On projects over $10 million (excluding GST), you must report monthly.
At the end of the contract you must provide an Aboriginal Participation Report detailing how you met your obligations during the contract.
Aboriginal businesses are exempt from the 1.5% participation requirement. However, they must still report regularly on Aboriginal people employed to deliver the contract.
You always must comply with the NSW Industrial Relations Guidelines: Building and Construction Procurement.
These guidelines help ensure greater compliance, productivity, safety and freedom of association on building and construction projects.
You must also comply with the Workplace Relations Management Plan whenever it applies.
Workplace Health and Safety (WHS)
You must also develop and implement a WHS Management Plan for all construction projects before work begins.
During the contract you must maintain and update the WHS Management Plan and report any notifiable WHS incidents.
On any contract over $1 million (excluding GST), the agency you’re supplying to will conduct at least 2 WHS audits over the life of the contract. You must carry out any corrective or preventive actions recommended within the agreed time frame.
You must develop and implement an Environmental Management Plan.
You must develop and implement a Quality Management Plan and Inspection and Test Plans based on the contract’s risk profile. The plans will be reviewed by the agency over the life of the contract.