Part 11 of the Public Works and Procurement Act 1912 (PWP Act) provides the legislative framework for procurement for NSW government agencies.
The PWP Act establishes the NSW Procurement Board, its objectives and functions and defines the procurement obligations of government agencies. The Act requires government agencies to conduct procurement activities:
- in accordance with the policies and directions of the Board
- in accordance with the terms of their accreditation by the Board
- in accordance with the principals of probity and fairness
- to ensure they obtain value for money
Government agencies must also provide information to the Board about procurement activities when requested.
The PWP Act and the Procurement Board’s policies and directions apply to all government agencies, excluding state-owned corporations and local councils, as defined in s.162 of the Act. The Act and the Procurement Board’s policies also apply to agencies that undertake procurement to fulfil statutory functions or have other statutory powers to undertake procurement.
The Public Works and Procurement Regulation 2019 provides for:
- procurement for emergencies
- procurement of goods and services from approved disability employment organisations
- access to NSW procurement arrangements by other public bodies (‘eligible buyers’)
- the Procurement Board’s role to investigate and report on complaints in connection with competitive neutrality principles.
NSW Government agencies must comply with a range of other regulatory requirements when conducting their procurement activities, including: