Western Australian Procurement Rules

Western Australian Procurement Rules - General Procurement Direction 2021 02

This procurement direction, for the Western Australian Procurement Rules, is issued under section 21 of the Procurement Act 2020 by the Department CEO as delegate of the Minister for Finance to all State agencies as defined in section 5 of that Act.

The procurement direction applies to all Government Agencies on and from 1 June 2021.

Purpose

The State government’s essential services to the Western Australian community are supported by substantial procurement activities. Achieving best value for money in procurement supports quality outcomes and stretches public expenditure further.

These Western Australian Procurement Rules harmonise the State’s approach to procurement, and in doing so:

  1. promote the delivery of added sustainable economic, social and environmental benefits for Western Australians;
  2. reduce barriers to small and medium business participation;
  3. strengthen integrity measures, to promote ethical and accountable practices; and
  4. enables coordinated whole-of-government procurement leadership, with localised accountability and decision making.

Frequently asked questions (FAQs)

The Western Australian Procurement Rules (the Rules) have been in place since 1 June 2021. During this time, Finance has received questions from across Stage agencies, seeking clarification on the application of some Rules.

Finance has compiled these queries on a Frequently Asked Questions page to clarify the queries most often raised.

State agencies can seek further advice from Finance through their Customer Team representative.

Overview

Who and What do the Procurement Rules Apply to?

This General Procurement Direction sets out the Western Australian Procurement Rules and is referred to in this document as the Rules.

The Rules apply to the Procurement of goods, services or works, including associated Procurement Activities, by all State agencies as defined in the Procurement Act 2020 (WA).

The Rules do not apply to the Procurement of Government Office Accommodation leases by the Department of Finance, or other leases of real property by other State agencies.

The Rules prescribe the minimum requirements that State agencies and their Officers must follow to avoid non-compliance.

Definitions and Guidance

  1. Defined Terms are listed in Appendix 1: Defined Terms and form part of the Rules.
  2. The Rules are supported by practice material which describes actions a State agency should consider taking to apply best procurement practice. 

Structure of the Rules

Part A - Rules that apply to practitioners and State agencies

Part B - Rules relating to State agency governance

Appendices

How do these Rules interact with Free Trade Agreements?

The Rules incorporate the measures implemented by the Western Australian Government in respect of the Government Procurement Chapters of the relevant Free Trade Agreements, which apply to Covered Procurement by Covered State agencies (Appendix 4 also indicates whether a State agency is a Covered State agency).  

Officers procuring in accordance with the Rules do not need to separately refer to the Government Procurement Chapters of the Free Trade Agreements.

A Covered Procurement is a Procurement by a Covered State agency, where the Total Estimated Value:

  1. is equal to or exceeds the monetary value in the table below:  
    • Type of Procurement   Covered Procurement Threshold
      Goods and Services   $680,000
      Works $9,584,000

      Note: These values are inclusive of GST; or

  2. in all instances where the Total Estimated Value cannot be estimated; and
  3. where the Procurement does not fall within an excluded category of Procurement, as listed in Appendix 3: Excluded Covered Procurement.

Modified Requirements

For Covered Procurements, some Rules are replaced and/or contain additional requirements. This includes where:

  1. (a)    a Covered Procurement rule replaces the general requirement for non-Covered Procurements. Covered State agencies should only apply the ‘Covered Procurement’ requirement, ignoring the ‘General Rule’ content. These modifications are only found in Rule C5.2, Rule D2.4, and Rule D2.5, and Rule D4; and
  2. (b)    the Covered Procurement rule must be followed in addition to the general rule. These include Rule D2.6 and Rule D5.1.

The rules contain specific further instructions. The Covered Procurement replacement or additional rules look like this:

Covered Procurement Rule

  1.  ...

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