Direction applies to the procurement of Infrastructure Advisory Services by or for a government agency within the meaning of sections 162 and 163 of the Public Works and Procurement Act 1912 (as amended).

Infrastructure Advisory Services definition

Advice provided under a fee for service arrangement in relation to any stage in the infrastructure asset lifecycle from concept through to commissioning (and where applicable the ongoing operations and maintenance of the asset) of all economic and social infrastructure assets for the NSW Government.

 For the avoidance of doubt, Infrastructure Advisory Services excludes advice relating to information and communications technology infrastructure, and all other non-infrastructure related advisory services, including, but not limited to, legal services and general consulting.

Government agency procurement obligations (mandated)

Agencies must use the standardised Infrastructure Advisory Services daily resourcing pricing templates (available on buy.nsw) when engaging Infrastructure Advisory Services suppliers.

Any exceptions must be approved by an Executive Director level agency officer (or higher) prior to engaging any Infrastructure Advisory Services supplier.

Top spend suppliers resource reporting obligations (mandated)

The top 50 Infrastructure Advisory Services suppliers (by spend) to government are required to report all Infrastructure Advisory Services related engagements, including daily resource level pricing, to NSW Treasury on a quarterly basis. NSW Treasury will engage with the top fifty Infrastructure Advisory Services suppliers to administer the reporting process. Agencies, with support from NSW Treasury, must ensure applicable prequalification scheme rules and contract conditions incorporate the reporting requirement.

Infrastructure Advisory Standard Commercial Framework (recommended)

In consultation with the Construction Leadership Group, NSW Treasury has established a recommended Infrastructure Advisory Standard Commercial Framework which includes the following recommended commercial elements:

•  Standardised resource and service types

•  Capped daily resource rates

•  Discount structure

•  Expenses policy.

The framework is recommended for use by NSW government agencies, as guidance, when evaluating and awarding contracts to Infrastructure Advisory Services suppliers, to support achieving best value for money, and increase transparency.  

Infrastructure Advisory Services are available from whole of government schemes

The following whole of government schemes are recommended for use by NSW government buyers to procure Infrastructure Advisory Services:

• Consultants in Construction up to $9 Million Scheme. Construction-related consulting services valued up to $9 million excluding GST. These services include project management, planning, engineering, security, architectural services and assessments.

• Consultants in Construction above $9 Million Procurement List. Project management and architectural services related to construction valued over $9 million.

• Performance and Management Services (PMS) Scheme (engagement type 15 only). Infrastructure services including strategy and planning, risk, major project procurement, contracting and communication services.

• Government Architect's Strategy and Design Scheme. Strategic planning advice, design quality and innovation in the built environment.

Note: This Direction applies to all Infrastructure Advisory Services engagements (including engagements outside of the whole of government schemes listed above). 

Context

In July 2021, the Construction Leadership Group endorsed Treasury to conduct a two-step market engagement to establish a Standard Commercial Framework for Infrastructure Advisory Services. The market engagement was completed in June 2022.    

This Direction takes effect from 1 November 2022 until withdrawn.

Further information is available on buy.nsw

For more information on the Infrastructure Advisory Standard Commercial Framework for Infrastructure Advisory Services, and how to adhere to the obligations of this direction, go to the Infrastructure Advisory Services category page on the buy.nsw website.