Responsibilities for suppliers

Suppliers have responsibilities around contracts and participation.
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What you need to know
  1. Whenever you enter a contract with the NSW Government body, there are certain requirements you must meet.
  2. Some of these goods are contractual and aimed at making sure the government receives what it pays for.
  3. Other obligations aim to make sure you supply goods or services in a way that’s consistent with NSW Government policy.
  4. Construction industry contracts come with special obligations, especially around the way you carry out work.

Contractual responsibilities

Under any NSW Government contract, you’ll have specific responsibilities you need to fulfill. These 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.

Contracts valued at $7.5 million and over

There are special requirements you must meet when you’re engaged for a contract valued at $7.5 million and over, regardless of whether you're procuring construction or goods and services.

Aboriginal participation

Under the Aboriginal Procurement Policy 2021 (APP 2021), for any contract valued at $7.5 million (excl. GST) or above, you must:

  • allocate at least 1.5% of your total spend towards Aboriginal participation
  • develop and implement an Aboriginal Participation Plan DOCX, 29.4 KB, and submit your first draft as part of the tender process
  • report quarterly on the Aboriginal Participation Plan requirements.

Where you do not meet the Aboriginal participation requirements, the unallocated amount must be transferred to the Aboriginal Participation Fund, administered by Training Services NSW. The agency that manages your contract will make arrangements with you for this.

Aboriginal businesses are exempt from the 1.5% participation requirement. However, they must still report regularly on Aboriginal people employed to deliver the contract.

Check the specific requirements for construction contracts below, including Industrial relations and Workplace health and safety.

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.

Aboriginal participation

Check the Aboriginal Procurement Policy 2021 (APP 2021) for details on Aboriginal participation in contracts valued at $7.5 million and over.

SMEs and regional businesses

On any goods and services contracts over $3 million (excl. GST), you must demonstrate how you’ll support the government's economic, ethical, environmental and/or social factors, including small to medium-sized enterprise (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.

Non-government organisations (NGOs)

If you’re a non-government organisation (NGO) supplying human services, you must report on:

  • the location you’re delivering services, and
  • the local government authority where the service user resides.

Construction contracts

There are special requirements you must meet when you’re engaged for a construction contract.

Aboriginal participation

Check the Aboriginal Procurement Policy 2021 (APP 2021) for details on Aboriginal participation in construction contracts.

Industrial relations

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.

Environmental management

You must develop and implement an Environmental Management Plan.

Quality management

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.