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

(1)
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 commenced on 29 November 2019.

On 28 January 2020, the NSW Procurement Board approved amendments to clause 5 and to Schedule 2 to clarify clause 5 and to exempt procurement undertaken pursuant to Procurement Board Direction PBD 2020-01 Support for bushfire affected communities. On 4 May 2020 the NSW Procurement Board extended PBD 2020-01 Support for bushfire affected communities to include work related to floods occurring in NSW from January 2020 to March 2020, where a procurement is started after 4 May 2020.

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?

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

AR Details

Date Issued
Sep 16, 2019
Review Date
Sep 13, 2024
Replaces
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