Description
This Direction has been superseded by Procurement Board Direction 2013-03. The Direction was withdrawn by the NSW Procurement Board on 1 July 2013.
Detailed Outline
A government agency (within the meaning of the Act) that is not accredited under the NSW Procurement Board’s Agency Accreditation Scheme for Goods and Services Procurement (pursuant to section 147 (1) of the Act) may enter into an arrangement with a supplier for the procurement of goods and services using the following methods:
Procurements over $3,000 and up to $30,000
An unaccredited government agency can procure goods and services valued over $3,000 and up to $30,000, which are not available on whole-of-government contracts, subject to seeking at least one written quotation.
Procurements over $30,000 and up to $250,000
An unaccredited government agency can procure goods and services valued over $30,000 and up to $250,000, which are not available on whole-of-government contracts, subject to seeking at least three written quotations.
Procurements over $250,000 and up to $1 million
An unaccredited government agency can procure goods and services valued over $250,000 and up to $1 million, which are not available on whole-of-government contracts, subject to conducting a tender.
For the above three classes of procurement, 'value' must be the estimated value over the proposed term of the acquisition and not a value per annum.
Procurements over $1 million
An unaccredited government agency can procure goods and services valued over $1 million, which are not available on whole-of-government contracts, subject to:
- conducting an open competitive procurement process that is appropriate to the nature of the goods and services; and
- prior to conducting the procurement, submitting full details and specifications of the proposed procurement to the Department of Finance, Services and Innovation to receive its concurrence to the procurement.
The above arrangement is subject to a government agency complying with:
- all legislative obligations, including those set out in section 149, Public Sector Employment and Management Act 2002
- NSW Government Procurement Policy (TPP 04 – 1)
- NSW Government Tendering Guidelines (December 2011)
- relevant Ministerial Memoranda; Department of Premier and Cabinet Circulars; and Treasury Circulars, policies and guidelines
- other relevant NSW Procurement Board directions.
Agencies should note clauses 21A (Procurement for emergencies) and 21B (Supply of goods and services by approved disability employment organisations), Public Sector Employment and Management Regulation 2009.
The Board advises accredited agencies to use this direction to guide its procurement of goods and services until such time as the Board issues its Procurement methods guidelines and supporting directions.
Supply by government trading enterprises
A government agency may obtain goods or services directly from any government trading enterprise that provides those goods or services in the exercise of its principal functions.
Agencies with specific statutory powers of procurement
This direction does not apply to a government agency undertaking the procurement of goods and services pursuant to the agency’s specific statutory powers of procurement, until such time as the agency is accredited by the NSW Procurement Board.
This direction applied from 1 September 2012 and was withdrawn on 1 July 2013.
View the list of whole-of-government contracts.
Act
Overview
Who needs to know and/or comply with this?
- Departments
- Executive agencies related to Departments
- Advisory Entities (including Boards and Committees)
- Separate agencies
- Statutory Authorities/Bodies
Compliance
- Not Mandatory
AR Details
- Date Issued
- Sep 1, 2012
- Review Date
- Apr 12, 2017
- Replaces
-
- Replaced By
-
Contacts
- Contact
- Phone
- Publishing Entity
- Department of Finance, Services and Innovation
- Issuing Entity
- New South Wales Procurement Board (DFSI)