The Minister for Finance and Small Business appoints members of the NSW Procurement Board. The Board is made up of the Secretaries of the principal departments and is chaired by the Secretary of The Treasury.
Section 164 of the Public Works and Procurement Act 1912 provides for the establishment of the NSW Procurement Board.
The NSW Procurement Board is subject to the direction and control of the Minister for Finance and Small Business.
Objectives and functions of the Board
The objectives of the Board under Section 171 of the Act are to:
- develop and implement a Government-wide strategic approach to procurement
- ensure best value for money in the procurement of goods and services by and for government agencies
- improve competition and facilitate access to Government procurement business by the private sector, especially by small and medium enterprises and regional enterprises
- reduce administrative costs for government agencies associated with procurement
- simplify procurement processes while ensuring probity and fairness.
The functions of the Board under Section 172 are to:
- oversee the procurement of goods and services by and for government agencies
- develop and implement procurement policies
- issue directions or policies to government agencies
- monitor compliance by government agencies with the requirements of the Act (including NSW Procurement Board directions and policies)
- investigate and deal with complaints about the procurement activities of government agencies
- develop appropriate procurement and business intelligence systems for use by government agencies
- collect, analyse and publish data and statistics in relation to the procurement of goods and services by and for government agencies
- such other functions as are conferred or imposed on the NSW Procurement Board by or under the principal Act or any other Act.
Enforceable procurement provisions
The Board can specify provisions in a Board direction or policy relating to international procurement agreements that are enforceable procurement provisions. A supplier can lodge a formal complaint with the head of an agency alleging that the agency is in contravention of an enforceable procurement provision relating to international procurement agreements and can take action in the Supreme Court to enforce compliance. Refer to Procurement Complaints for more information.
Subcommittees and advisory groups
The NSW Procurement Board is able to establish subcommittees and advisory groups to assist the Board to exercise its functions. The Board is supported by the Procurement Leadership Group, Construction Leadership Group, ICT and Digital Leadership Group and procurement category management groups.
Procurement Leadership Group
The Procurement Leadership Group is the principal advisory group to the Procurement Board on goods and services procurement, excluding construction. The group consider and advises the Board on whole-of-government procurement strategies, practices, policies and guidelines relating to the procurement of goods and services. A primary purpose of the Procurement Leadership Group is to achieve and maintain consistent approaches to procurement across agencies and senior procurement leadership throughout the government sector.
The Procurement Leadership Group is made up of the cluster Chief Procurement Officers or their approved delegates.
Construction Leadership Group
The Construction Leadership Group advises the Procurement Board on construction and infrastructure-related procurement strategies and policies. The Construction Leadership Group is made up of senior executives from each cluster with responsibility for construction infrastructure. It is chaired by the Chief Executive Officer of Infrastructure NSW.
The Construction Leadership Group’s Action Plan: A ten point commitment to the construction sector details the CLG’s current priorities and work plan.
The Construction Leadership Group is supported by a number of sub-committees, including the Construction Procurement Subcommittee which is the principal advisory body on construction-related procurement policy.
ICT goods and services procurement
The ICT and Digital Leadership Group (IDLG) is responsible for translating the Government’s ICT strategy, procurement and associated implementation plans into outcomes across government. The IDLG considers matters relating to the procurement of ICT and digital products and services, and advises the Procurement Board on ICT-related procurement policy. ‘ICT goods and services’ include hardware, services, networking, software, and telecommunications.
The IDLG is made up of the cluster Chief Information Officers.