WAIPS requirements for agencies

Information to help you understand the WA Industry Participation Strategy (WAIPS) requirements and how to implement the strategy into your agency’s procurement cycle.

Under the Western Australian Jobs Act 2017 and the WAIPS, as a WA Government agency you must: 

  • Ensure prospective suppliers submit a participation plan during the procurement process for all contracts above designated thresholds (unless an exemption has been granted).
  • Include and assess the participation plan when evaluating the prospective supplier's offer to supply, in accordance with the WAIPS.
  • Incorporate relevant participation plan commitments in the supply contract, in accordance with the WAIPS.
  • Include report requirements in the supply contract, in accordance with the WAIPS.
  • Provide information to the Minister for State Development, Jobs and Trade, on request, to help with reporting to Parliament.
  • Implement all other aspects of WAIPS.

Find out more about your requirements below.

Participation plans

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When planning your tender, if the contract value is above the figures below, WAIPS requirements will apply. This means prospective suppliers must complete and submit either a core or full participation plan as part of their bid. 

Types of procurement Location in WA Contract value
Goods and services Metropolitan area $1 million and above
Goods and services Regional areas $500,000 and above
Housing and works  Metropolitan area $3 million and above
Housing and works  Regional areas $500,000 and above

Core participation plans require prospective suppliers to estimate workforce numbers, demonstrate how they will generate local economic benefits and provide full, fair and reasonable opportunity to local industry. Information on engagement of subcontractors $20,000 and above is sought.

Full participation plans require the same information as the core participation plans, with detail around subcontractor requirements and supply packages which have a threshold of $100,000 and above.

It is your responsibility as the procuring agency to specify what type of participation plan is required. Both participation plan types use the same Participation plan template. You are responsible for ensuring that the link is inserted into the tender document rather than the actual template document. This ensures that the most recent version of the Participation Plan is used and that the integrity of the template is maintained. You or prospective suppliers must not modify any part of any WAIPS template, whether it is to suit your organisation’s branding or any other requirement.

You should refer to the Tender and contract model clauses that the we have provided for guidance. These clauses detail important wording for consideration in relation to WAIPS participation plans and participation plan reporting obligations.

If a supplier is delivering goods, services and works in both regional and metro areas, the threshold should be related to where the majority of the expenditure is undertaken.

If the anticipated contract value may be just short of a threshold and there is a reasonable possibility that there will be bids that exceed the WAIPS thresholds, it is advised that you include a requirement for a WAIPS participation plan. It is then at your discretion whether the participation plan will form part of the evaluation as determined by the threshold. However, if the winning bidder’s contract price is above the WAIPS threshold, then the full WAIPS requirements should be applied to the contract as condition of award.

As a contracting agency you must provide the Department of Jobs, Tourism, Science and Innovation, within two months of contract award, with a copy of the successful bidders participation plan.

For more information email industrylink@jtsi.wa.gov.au to get a copy of the WAIPS 2020 operations guide for agencies.

Early tender advice

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WA Government agencies should provide early tender advice for contracts as deemed necessary.  

You can lodge early tender advice on the Tenders WA website, or on your own website.  We recommended that this advice is publicly advertised at least one month prior to the actual release of the tender.

Providing early tender advice for scheduled contracts offers more time for:

  • Local businesses to consider and prepare tenders responses, which may help them develop more innovative and competitive solutions.
  • Head contractors to engage with local subcontractors and/or joint ventures.
  • Feedback from prospective suppliers which can help you structure or improve the tender.

For more information email industrylink@jtsi.wa.gov.au to get a copy of the WAIPS 2020 operations guide for agencies.

Assessing participation plans

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Participation plans are assessed by you as the procuring agency. 

At your discretion, participation plans can be weighted at either 10% or 20% of the qualitative evaluation criteria within a tender for a WAIPS supply. 

For more information about assessing participation plans, email industrylink@jtsi.wa.gov.au to receive a copy of the Agency guidelines for assessment of a participation plan.

After contract award, you must email the successful supplier’s participation plan to the Industry Link Advisory Service at industrylink@jtsi.wa.gov.au.

Strategic projects

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Projects with a contract value of $25 million or more that the Minister for State Development, Jobs and Trade considers of significance to the Western Australian economy may be declared a strategic project. Regional projects of a lower value can also be classified as strategic projects.

Each strategic project may need a tailored participation plan that addresses additional or specific local economic or social outcomes. 

The exact participation plan requirements and evaluation weighting for each strategic project will be determined on a case-by-case basis by the Minister for State Development, Jobs and Trade.

View the guidelines on Identifying and declaring strategic projects

There are currently 3 strategic projects under the WA Jobs Act 2017 - the METRONET railcar procurement, stand-alone power systems and the women and babies Hospital. Read about these under Strategic projects


 

Regional procurement

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A key role of WAIPS is to maximise the participation of competitive regional businesses in WA Government contracts. 

If you are undertaking procurement for regional contracts, we encourage you to work with the Local Content Advisers (LCAs) in the region.

For contact information on the LCAs visit Regional support (Local Content Advisers).

Exemptions

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The Western Australian Jobs Act 2017 allows for a procurement agency to be exempt from the procurement planning obligations within the WAIPS. 

Exemptions can be granted by the Minister for State Development, Jobs and Trade or his delegate, the Director General of the Department of Jobs, Tourism, Science and Innovation, in two ways:

  1. On a case by case basis or
  2. As a standing exemption in relation to a prescribed class or circumstance of WAIPS supply.

As part of your procurement planning you need allow at least 15 working days for the department to process your exemption application. Exemptions must be approved before a tender is released and no retrospective applications will be granted. 

If you receive an exemption for a participation plan, reporting on workforce, apprentice/trainee and sourcing outcomes at annual intervals and at contract conclusion will still be required. Find out more under Reporting below.

Read the WAIPS participation plan exemption process guide for more information. 

Granted exemptions 

All approved WAIPS exemptions are published on this website. View a list of Granted exemptions

Delivering Community Services in Partnership Policy (DCSP) 

As a procurement agency you may be exempt from the obligations of the WAIPS if:

  • the WAIPS supply only involves the supply of a service to which the DCSP Policy applies; and
  • the procurement process for the WAIPS supply is conducted in accordance with the DCSP Policy.

To ensure the value of the not-for-profit sector is captured, the Minister for State Development, Jobs and Trade requests that suppliers report on workforce data realised through procurement carried out under the DCSP Policy. Find out more about Reporting below.

Learn more about exemptions and the application of the DCSP Policy by viewing the Delivering Community Services in Partnership Policy (DCSP) Exemption Process Guide

Common User Arrangements and agency panel contracts 

WAIPS applies to agency panel contracts and whole of government common use arrangements (CUAs) that were tendered from 1 October 2018 onwards. These forms of contracting are subject to WAIPS if the total estimated value of the contract for the duration of the panel arrangement/CUA meets or exceeds the WAIPS thresholds.

However, due to the various stages within this form of procurement, the requirement for participation plans at establishment is not feasible and an exemption should be sought by the agency. A condition of exemption is that panellists must report on the effects of supply provided under these arrangements. Find out more under Reporting below.

If a panel arrangement or CUA has a buying rule with a threshold that requires the procurement to go to open tender (a new contract outside the panel head agreement) then WAIPS will apply to the new contract if the WAIPS threshold criteria has been met.
 

Reporting

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Participation plan provision and reporting 

As a contracting agency you must provide the Department of Jobs, Tourism, Science and Innovation, within two months of contract award, with a copy of the successful bidders participation plan.

Reporting on outcomes from the participation plan is also required throughout the duration of the contract on each anniversary of the contract award date, or as negotiated with the responsible government agency. 

A final report will also be required. For contracts less than 12 months, only one report at completion is required. 

Reporting requirements are a contractual obligation and these reports may be subject to an independent audit. You should also make suppliers aware that their business may be listed in a non-compliance register and their unfulfilled commitment will be considered in the assessment of future bids.

The government may use project specific employment information, either committed or reported for the business of government.

Reporting obligations apply to all WAIPS contracts, including those that have been exempted from participation plans, grants, Common Use Agreement and agency panel contracts, and Delivering Community Services in Partnership service providers.

Download the reporting templates:

For detailed guidance on what has to be reported, when the report is due and how and where the report is to be delivered, email industrylink@jtsi.wa.gov.au to get a copy of the WAIPS 2020 operations guide for agencies.

Parliamentary annual report 

WAIPS contracts need to ensure that the successful supplier reports on the outcomes of the participation plan. Reporting covers the actual outcomes realised compared to those proposed in a participation plan. 

Reports demonstrate the success of WAIPS and are also used in annual reporting to Parliament by the Minister for State Development, Jobs and Trade.  

The annual report is prepared by the Department of Jobs, Tourism, Science and Innovation and the information includes aggregated data from participation plans, participation plan reports, exemption reports, grant reports and qualitative feedback from stakeholders. Agencies must provide the Minister for State Development, Jobs and Trade with any information required for preparing an annual report for Parliament on the implementation of the WA Jobs Act and the WAIPS. 

To view copies of the annual reports visit Reports to Parliament

Other policies and procedures

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In addition to the WA Industry Participation Strategy, there are a number of other policies and procedures that are relevant to WA Government procurement. 

You can find out more on the Department of Finance website.

Page reviewed 25 July 2022