Generated Dec 14, 2019, 12:31 AM

Page of

PBD-2019-05-Enforceable Procurement Provisions

Generated Dec 14, 2019, 12:31 AM

Identifier: PBD 2019 05
Status: Active
Title: PBD-2019-05-Enforceable Procurement Provisions
Author:

Generated Dec 14, 2019, 12:31 AM

Page of

New South Wales Procurement Board

Type:
NSW Procurement Board Direction
Identifier:
PBD 2019 05
Status:
Active

PBD-2019-05-Enforceable Procurement Provisions

Description

This Direction sets out requirements relating to international procurement agreements which the NSW Procurement Board has specified as enforceable procurement provisions. All government agencies listed in Schedule 1 of the Direction must comply with these requirements. 

Function and Subject

Procurement

Detailed Outline

Under the Public Works and Procurement Act 1912 (the Act), a supplier may lodge a complaint with the head of a government agency alleging that the agency has contravened or proposes to contravene an enforceable procurement provision in this Direction. The agency head must investigate and attempt to resolve this complaint in accordance with provisions in the Act.

The complainant supplier can apply to the Supreme Court for an injunction restraining the agency from contravening an enforceable procurement provision, or requiring the agency to take action to avoid or remedy a contravention of an enforceable procurement provision. The supplier can also apply to the Supreme Court for an order for the agency to pay compensation.

The Enforceable Procurement Provisions Direction is attached. The Direction commences on 29 November 2019 and replaces PBD 2017-06 International Procurement Agreements.

On 11 October 2019, the NSW Procurement Board approved amendments to clarify the transitional provisions in subclauses 29(1), 29(2) and 29(4). The amended provisions commence on 29 November 2019. The attached copy of the Direction was updated on 16 October 2019 and is marked as "Updated 16/10/2019" in the footer of each page

Act

Part 11, Public Works and Procurement Act 1912

Public Works and Procurement Amendment (Enforcement) Act 2018

Overview

Who needs to know and/or comply with this?

Executive agencies related to Departments
Statutory Authorities/Bodies
Departments
Separate agencies
Advisory Entities (including Boards and Committees)

AR Details

Date Issued
Sep 16, 2019
Review Date
Sep 13, 2024
Replaces
PBD-2017-06-International Procurement Agreements
Replaced By

Contacts

Contact
nswbuy@treasury.nsw.gov.au
Phone
1800 679 289
Publishing Entity
Department of Finance, Services and Innovation
Issuing Entity
New South Wales Procurement Board