How Can Suppliers Comply with New South Wales (NSW) Government Tenders? Other Services

New South Wales (NSW) is the largest economy in Australia, with a Gross Domestic Product of AUD 820,790 million in 2024. It is driven by various sectors, including finance, technology, construction, agriculture, and international trade.

While the state is continually growing, NSW government agencies, local councils, and public sector entities regularly issue tendering opportunities to acquire goods, services, and works.

To manage procurement-related activities, the NSW government has established a comprehensive procurement framework under the NSW Procurement Board and the Buy.NSW platform. These are specifically designed to ensure fairness, competitiveness, and value for money.

Vendors looking for tendering opportunities in Alberta are required to adhere to procurement rules, policies, and prequalification requirements to avoid disqualification and restrictions.

In this blog, we'll explore the NSW government procurement framework to help suppliers understand what key considerations are necessary to stay compliant. Let's begin!

What are the Guidelines and Regulations for New South Wales (NSW) Government Procurement? 

Below, we’ve mentioned several essential guidelines and regulations that every bidder needs to follow for the government procurement in New South Wales (NSW). 

Regarding Eligibility to Tender:

• To apply for contracts, vendors must be a legal entity and have the capacity to contract because the Principal enters into only a Head Agreement with such a legal entity.

• The Principal even has the right to ask the tenderer to provide evidence for its legal status and capacity to contract. Vendors are required to submit any requested evidence within three working days.

• The Principal has the right to reject any tender in case the Principal determines that vendors do not have appropriate financial capability. Meanwhile, the Principal also has the right to accept such a tenderer based upon a condition where the tenderer must enter into a bank, parent company, personal guarantee, and an unconditional performance bond in a form satisfactory to the Principal.

• Vendors with no ABN (Australian Business Number) or GST registration can never be accepted for an Agreement by the Principal. So, make sure to have your ABN or GST before applying for contracts.

Related to Tender Process:

• The Procuring Entity only validates Conforming Tenders. Non-Conforming Tenders would be excluded from the tender process without further consideration at the Principal's discretion.

• Vendors can submit an Alternative Tender if they have opted. Such tenders will only be considered if submitted in conjunction with a Conforming Tender. Vendors must clearly mark it as an "Alternative Tender" while submitting.

• Vendors are required to submit bids before the deadline, complete all Tender Response documents, include price, responses, and other information in writing and English. Also, ensure filing tender prices in Australian dollars.

• For any discrepancy, error, or omission in the RFT, vendors must notify the Contact Officer in writing on/before the Closing Date and Time.

• Late tenders are generally not considered, unless the Principal believes that the integrity and competitiveness of the tendering process must not be compromised.

• The Principal must not penalize any supplier whose tender is received late due to the delay caused solely by mishandling by the Principal.

• If a tenderer or its officers, employees, agents, or subcontractors are found to offer any inducement or reward to any public servant or employee, agent, or subcontractor of the Principal, Customer, or the NSW Government in connection with the RFT, the tenderer will be committed under the Independent Commission Against Corruption Act 1998. This may simply result in further non-consideration of the tender.

• While submitting tenders, vendors must stay compliant with the Goods and Services Procurement Policy Framework. If not followed, your tender may otherwise be passed over to someone else.

• Bidders must know that the Principal won't be considered liable for any expenses or costs incurred by it as a result of its participation in the RFT, including where the RFT has been discontinued.

Regarding the Evaluation Process:

• Bidders should respond to all evaluation criteria mentioned in the RFT. If you have mistakenly not submitted a fully completed Tender Response, you may be excluded from the tender process without any further consideration at the Principal's discretion.

• Some of the major evaluation criteria for RFT may be:

(i) Bidder's capacity to perform the head Agreement and Customer Contracts.

(ii) Bidder's capability to foster electronic commerce through NSWBuy.

(iii) Bidder's offering for customer support facilities, like availability of Customer enquiries and Help Desk for repairs, and much more.

(iv) Bidder must be offering the lowest possible price.

(v) Bidder's prior experience

(vi) Bidder's financial capacity and stability

(vii) Bidders must stay compliant with the Statement of Requirements

(viii) Bidders must stay compliant with the NSW Government Procurement Policy and other required policies, legislation, and standards.

(ix) Bidders must be compliant with the required conditions of the Head Agreement and Customer Contracts. 

For the Contracts Values at $7.5 million and over:

• As per the Aboriginal Procurement Policy, bidders must allocate at least 1.5% of the total spending towards the Aboriginal Participation Plan DOCX and submit their first draft as part of the tender process.

Regarding Goods and Services Contracts:

• For goods and services contracts above $3 million (not including GST), you need to demonstrate your support for the government's ethical, economic, environmental, and/or social factors, which involves small to medium-sized enterprises (SME) participation.

• All NGO (Non-Government Organizations) that supply human services must report on the location where the services are delivered and the local government authority where the service user resides. 

Conclusion 

In summary, these are some essential guidelines and regulations that every bidder must follow to apply for government procurement opportunities in New South Wales. So, if you want to apply for these tendering opportunities, you must follow the mentioned guidelines. For more detailed information, you can download official state government documents via TendersOnTime’s Document Library. We hope this blog helps you understand NSW Government Tenders. 

Frequently Asked Questions 

Q1. How do I register as a supplier in BuyNSW?

Here's a step-by-step process to register as a supplier in BuyNSW.

1. First, you need to visit the BuyNSW e-supplier portal via: https://buy.nsw.gov.au/

2. You must create an account to register as a supplier.

3. You need to fill in your business details, including company name, ABN, and other relevant information.

4. Once you're registered, you can browse and search for tender opportunities and apply for them.

Q2. What does BuyNSW do?

BuyNSW is the government e-procurement platform in New South Wales, which helps them publish tenders and streamline procurement processes while maintaining transparency, fairness, and best value.

Q3. What is the purchasing framework for NSW Health?

The NSW Health Purchasing Framework is the policy and guidelines set by government authorities used for the purchasing of goods and services across NSW Health. These are specifically designed to adhere to government procurement rules, emphasize value for money, and support ethical sourcing and supplier diversity.

Q4. What is an RFQ in procurement?

A Request for Quotation (RFQ) is a procurement method where buyers invite suppliers to provide price quotes for specific goods or services. It is typically used for lower-value or routine purchases where requirements are clearly defined.

Q5. What are the 4 P's of procurement?

The 4 P's of procurement are as follows:

1. Planning
2. Partnerships
3. Performance
4. Processes