The NSW Government Procurement Policy establishes potential criterion for tender evaluations, including the previous performance of a tenderer. For projects valued above $100 million, this is a mandatory criterion. Tenderers will be required to demonstrate their capacity for successful collaboration with the NSW Government by providing the details of two appropriate referees.
Referees will be asked to verify past performance, confirming that tenderers have the ability to achieve outcomes, the extent of any legal and contract disputes, and demonstrated commitment to working constructively with the NSW Government to resolve commercial issues.
In the event that a tenderer has not previously worked for the NSW Government, tenderers should provide the details of two referees from organisations they have contracted within the past five years, preferably for works greater than $100 million. The referees must be at the level of a chief executive officer or executive director, with the ability to comment on the tenderer's history of legal and contract disputes, and ability to work constructively to resolve commercial issues.
This process is designed to confirm past performance with government only and will not be used to prevent new entrants into the market. The Government seeks to encourage new participants into the market, and will apply this policy with that aim in mind.
Existing agency held performance data on collaboration with Government will also be considered.