This Direction applies to the procurement of all goods and services including construction by a government agency within the meaning of the Public Works and Procurement Act 1912 (the Act) except as noted. Unless specified otherwise, values are exclusive of GST.

Procurement approved by Cabinet or any Cabinet Standing Committee

Where the procurement of goods and services by an agency has been considered and approved by Cabinet or a Cabinet Standing Committee, this Board Direction does not apply to the extent of any inconsistency. This includes where Cabinet or a Cabinet Standing Committee approves the undertaking of a procurement process to implement its decision.
In undertaking the procurement approved by Cabinet or a Cabinet Standing Committee, the agency head is to have regard to the Procurement Policy Framework when conducting the procurement (for example, when selecting the method of procurement).

Procurement valued up to $10,000

Unless an agency has specific requirements related to safety and infrastructure, any agency may enter into an arrangement with any supplier for the procurement of goods and services valued up to $10,000 even if the goods or services are available on whole of government procurement arrangements.

Accredited agencies

An agency that is accredited under the NSW Procurement Board’s Accreditation Program for Goods and Services Procurement, the Agency Accreditation Scheme for Procurement or the Agency Accreditation Scheme for Construction may enter into an arrangement with a supplier for the procurement of goods and services consistent with its terms of accreditation.

Unaccredited agencies

An agency that is not accredited under the NSW Procurement Board’s Accreditation Program for Goods and Services Procurement may enter into an arrangement with a supplier for the procurement of goods and services using the following methods:

• Procurements over $5,000 and up to $30,000: an unaccredited agency may procure goods and services valued over $5,000 and up to $30,000, which are not available on whole of government procurement arrangements, subject to seeking at least one written quotation.
• Procurements over $30,000 and up to $1,000,000: an unaccredited agency may procure goods and services valued over $30,000 and up to $1 million, which are not available on whole of government arrangements through a competitive procurement process, which may be achieved through:

          - at least three written quotations, or

         - where agreement to the procurement approach has been obtained from the agency Head or Secretary or an accredited agency within the agency’s cluster.

• Procurements over $1 million: an unaccredited agency may conduct a procurement of goods and services valued over $1 million, which are not available on whole of government arrangements, subject to conducting a competitive procurement process endorsed by an accredited agency within the cluster (preferred) or NSW Procurement.

Supply by government entities

An agency may obtain goods or services directly from any government entity that provides those goods or services in the exercise of its principal functions consistent with the competitive neutrality principles in the Treasury Policy and Guidelines Paper TPP02-1 Policy Statement on the Application of Competitive Neutrality.

Direction 2018 -03 applies from 1 November 2018 until it is revoked.