The procurement of services and/or associated infrastructure through PPPs by any NSW Government agency, including State Owned Corporations (SOCs)4, must comply with:
1. The National Public Private Partnerships Policy and Guidelines (the National PPP Guidelines), as updated from time to time; and
2. New South Wales specific requirements in these NSW Public Private Partnership Policy & Guidelines (these Guidelines), as updated from time to time.
NSW Government agencies (as defined in section 162 of the Public Works and Procurement Act 1912 (NSW) (PWP Act)) (Responsible Agencies) are also subject to the mandatory requirements of the NSW Government Procurement Policy Framework5 (as updated from time to time) and all associated directions and policies of the NSW Procurement Board including but not limited to Procurement Board Direction PBD 2019-05 Enforceable Procurement Provisions (EPP Direction) obligations.
NSW Government businesses and SOCs are subject to the applicable policies under the Commercial Policy Framework6.
Local Government councils are required to comply with separate guidelines as per Part Six of Chapter 12 of the Local Government Act 1993 (NSW).
The requirements in the PWP Act7, the GSF Act8, the Independent Commission Against Corruption Act 1988 (NSW), the Government Information (Public Access) Act 2009 (GIPA Act) (NSW)9, and other procurement-related legislation, policies and directions may also apply to the PPP project (e.g. the Infrastructure Investor Assurance Framework).
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4 In accordance with TPP18-05 Major Projects Policy for Government Businesses, as updated from time to time.
5 Available at https://buy.nsw.gov.au/.
7 The PWP Act requires compliance with Procurement Board Direction PBD 2019-05. That Board Direction identifies enforceable provisions that apply to PPP procurement through any form of contract by specified agencies.
8 See section 4.5 of these Guidelines for further information.
9 See section 9 of these Guidelines for further information.