Enforceable procurement provisions

Procurement Board Direction PBD 2019-05 Enforceable Procurement Provisions (EPP Direction) establishes legal requirements for NSW Government agencies arising from international procurement agreements.

Download the Enforceable Procurement Provisions (PDF, 225 KB).

The EPP Direction starts on 29 November 2019.

Minor clarifications were made to the transitional provisions in clause 29 of the Direction on 16 October 2019. These provisions clarify how the Direction will apply to procurements that are in progress as at 29 November 2019. Any copy of the Direction downloaded prior to 21 October 2019 should be refreshed with a new copy.

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Application and enforcement

Provisions in the EPP Direction are enforceable procurement provisions under section 175 of the Public Works and Procurement Act 1912 (PW&P Act), as amended from 29 November 2019.

The EPP Direction applies to 41 NSW Government agencies. Covered agencies are listed in Schedule 1 of the Direction. 

Conduct by an agency that contravenes an enforceable procurement provision can be the subject of a written complaint under section 176A of the PW&P Act and potential legal proceedings in the Supreme Court.

View guidance on EPP Direction application and enforcement.

Covered procurements and exemptions

A covered agency must comply with the EPP Direction for the procurement of:

  • construction services with an estimated value that equals or exceeds $9,247,000 (excl. GST)
  • goods and other services with an estimated value that equals or exceeds $657,000 (excl. GST).

Exemptions

Procurement of some goods and services are exempted. These exempt goods and services are listed in Schedule 2 of the Direction.

Certain measures and preferences are also exempted. These are listed in Schedule 3 of the Direction and include:

  • a measure for the health or welfare of Indigenous people or for the economic and social advancement of Indigenous people
  • a preference to benefit small and medium enterprises (being an Australian or New Zealand firm with fewer than 200 full-time equivalent employees).

Agencies should continue to comply with the Aboriginal Participation in Construction Policy, the Aboriginal Procurement Policy and the SME and Regional Procurement Policy

View guidance on EPP Direction covered procurements and exemptions.

Procurement planning and market options

An agency chooses the procurement strategy that is appropriate for the procurement and sets minimum conditions a supplier must meet to participate.

Discrimination against suppliers based on their location or the origin of their goods and services is prohibited.

Direct invitations to suppliers (known as limited tendering) can only be used in certain specified circumstances.

View guidance on EPP Direction procurement planning and market options.

Approaching the market

The EPP Direction establishes specific requirements for approaching the market, providing information to potential suppliers and conducting a procurement.

View guidance on EPP Direction procurement documentation and market engagement.

Supplier complaints

View guidance on procurement complaints.

Other guidance material

Process maps

These process maps provide a visual guide to complying with the key elements of the EPP Direction

Checklist

This checklist provides a guide to complying with the key elements of the EPP Direction.

If you can’t find the information that you require or if you have any questions, please contact nswbuy@treasury.nsw.gov.au