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Administrative Requirements Portal

PBD-2017-06-International Procurement Agreements

Government agencies must identify procurement covered by international procurement agreements and ensure they comply with requirements under those agreements. The New South Wales Procurement Board Guide to International Procurement Agreements provides guidance on agreements that currently apply to New South Wales Government agencies.

Issued: 22 November 2017 by Treasury (Procurement Board)

This AR is archived and has been replaced by the following document(s)

Key information

Status
Archived
Type
NSW Procurement Board Direction
Identifier
PBD 2017-06
Compliance
Mandatory

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

About

Government agencies must identify procurement covered by international procurement agreements and ensure they comply with requirements under those agreements. The New South Wales Procurement Board Guide to International Procurement Agreements provides guidance on agreements that currently apply to New South Wales Government agencies.

Australia is party to five free trade agreements that include government procurement provisions that apply to government agencies in New South Wales:

  • Australia – United States Free Trade Agreement (2005)
  • Australia – Chile Free Trade Agreement (2009)
  • Korea – Australia Free Trade Agreement (2014)
  • Japan – Australia Economic Partnership Agreement (2015)
  • Singapore – Australia Free Trade Agreement (as amended in 2017).

Amendments to the Singapore Australia Free Trade include government procurement provisions which apply to NSW Government agencies from 1 December 2017.

The Guide to International Procurement Agreements attached to this Direction provides information about when these free trade agreements apply to agencies and what agencies need to do to comply with their obligations.

The NSW Procurement Board directs government agencies to:

  • identify all procurement covered by a free trade agreement
  • ensure that covered procurement is undertaken in accordance with all free trade agreements applying to the agency
  • ensure that covered procurement is undertaken in accordance with the Guide to International Procurement Agreements.

When undertaking covered procurement, agencies must give precedence to complying with the Guide to International Procurement Agreements if there is any conflict with any existing NSW Procurement Board Direction or Policy.

The Board notes that Australia has applied to become party to the World Trade Organisation Government Procurement Agreement and is actively negotiating other agreements that may impact on government procurement. The Board will monitor these developments and will issue further directions as necessary.

Contacts

Contact
Not provided
Phone
Not provided
Publishing Agency
Department of Finance, Services and Innovation
Issuing Authority
Treasury (Procurement Board)