Enforceable procurement provisions

On 11 July 2025, the Procurement (Enforceable Procurement Provisions) Direction 2019 (EPP Direction) was amended to more closely align the limited tendering provisions in clause 15(1)(e) with the Commonwealth Procurement Rules (CPR).

On 11 July 2025, the NSW Procurement Board approved amendments to the EPP Direction to streamline the limited tendering provisions in clause 15(1)(e).

The amendments more closely align the limited tendering provisions in clause 15(1)(e) with the Commonwealth Procurement Rules (CPR). The amended limited tendering provision now allows procurement by limited tendering for additional deliveries of goods and services that are intended either as replacement parts, extensions, or continuing services for existing equipment, software, goods, services, or installations where a change in supplier would compel procurements that are not compatible with existing equipment or services (and cause substantial duplication of costs or inconvenience) provided other requirements are met.

The EPP Direction, along with the Public Works and Procurement Act 1912 (NSW) is the mechanism which addresses NSW’s compliance with Australia’s International Procurement Agreements (IPA). The amendments are intended to achieve greater consistency in the way the NSW Government and Commonwealth Government undertake procurements covered by IPAs.

The amendments will also enable better value for money, efficiency and productivity outcomes for NSW procurements.

For further information see the Enforceable Procurement Provisions page.

On 18 October 2024, the Procurement (Enforceable Procurement Provisions) Direction 2019 (EPP Direction) was amended following a direction from the Minister for Domestic Manufacturing and Government Procurement to the NSW Procurement Board to amend clause 8 (non-discrimination) and delete clause 9 (offsets). The EPP Direction was also amended to require procurement lists to remain consistently open to new applications, rather than only allowing periodical applications.

Local Content

On 3 September 2024, the Minister for Domestic Manufacturing and Government Procurement, the Hon Courtney Houssos MLC, directed the NSW Procurement Board (the Board) to amend the EPP Direction.

On 18 October 2024, the Board approved the following amendments to the EPP Direction, which were required by the Ministerial Direction:

• Amend clause 8 to delete the words “or the origin of its goods or services”, which removes the prohibition on discrimination against a supplier based on the origin of its goods or services;
• Delete clause 9 in its entirety, which prohibited the application of offsets in covered procurements; and
• Make consequential deletions or amendments to other provisions of the EPP Direction to give effect to the changes to clauses 8 and 9.

These changes support the Government’s local content commitments.

The Minister for Domestic Manufacturing and Government Procurement has also directed that agencies must update their procurement frameworks to give effect to the amendments to the EPP Direction by 15 December 2025. Amendments are to include, but are not limited to, relevant policies, procedures and standards and guidance material - to reflect the amendments to the EPP Direction.

Procurement Lists

On 1 October 2023, the EPP Direction was amended to implement the Australia-United Kingdom Free Trade Agreement (A-UKFTA).

The A-UKFTA contained two major procurement changes:

1. The requirement for procurement lists to remain continuously open to new applications.
2. The addition of seven newly covered NSW government entities and the goods and services procurement functions of the former Roads and Maritime Services within Transport for New South Wales.

The October 2023 amendments to the EPP Direction included transitional provisions that gave all covered agencies - including the agencies that were added in 2023 - until 1 October 2024 to update any existing procurement lists that allow only periodical applications so that they remain continuously open to new applications.

These transitional provisions have now expired, and all covered agencies must now ensure their procurement lists comply with the requirements of the EPP Direction.

Note: Transitional provisions still apply to certain procurements undertaken by the newly covered agencies that were added in 2023. These provisions are included in the amended EPP Direction approved by the Board on 18 October 2024.

For further information please see the Enforceable Procurement Provisions webpage.