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, 976 KB).

The EPP Direction starts on 29 November 2019.

Covered agencies

The EPP Direction applies to 41 NSW government agencies, including all principal government departments. Covered agencies are listed in Schedule 1 of the Direction. See the list of covered agencies.

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

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

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

The Direction provides that a covered agency must not discriminate against any supplier due to its degree of foreign affiliation or ownership, location, or the origin of its goods and services. The Direction also establishes specific requirements for approaching the market and conducting a procurement.

Supplier complaints

A supplier can lodge a written complaint with the head of an agency covered by the Direction if the supplier alleges that the agency is contravening or proposes to contravene a requirement under the EPP Direction arising from international procurement agreements. The agency head must investigate and attempt to resolve this complaint in accordance with provisions in the Public Works and Procurement Amendment (Enforcement) Act 2018.

A supplier can also apply to the Supreme Court of NSW for an injunction requiring the agency to comply with the EPP Direction and for an order for the agency to pay limited compensation.

See procurement complaints for more information.

Related information

More information and guidance regarding the EPP Direction will be published prior to 29 November 2019.