Procurement Act 2020.
Country
Type of law
Legislation
Date of original text
Date of latest amendment
Abstract
The objects of this Act are as follows (a) to promote best value for money in government procurement so as to deliver sustainable economic, social and environmental benefits to Western Australians; (b) to reduce barriers to the participation of small and medium businesses in government procurement by streamlining procurement procedures; (c) to strengthen integrity in government procurement and to promote ethical and accountable practices so as to provide confidence that government procurement is conducted fairly; (d) to enable coordinated government procurement strategy, governance and leadership and devolved accountability and decision-making; (e) to provide a legislative scheme that is responsive to changing community expectations and that supports innovation in the Western Australian economy.
This Act does not apply to the following — (a) the acquisition or disposal of land or of an interest in land, other than a relevant lease; (b) the employment of staff of a State agency or the appointment of a person to a statutory or executive office; (c) an investment, loan or other financial transaction; (d) a grant of money; (e) the acquisition by a State agency of a thing for resale; (f) procurement between State agencies (other than for the purposes of cooperative arrangements under Part 5); (g) any procurement (whether of specified things, of any specified kind or by any specified entity) prescribed by the regulations to be excluded from the application of this Act.
Part 3 provides for procurement functions of Minister and Department CEO. Part 4 regulates procurement directions; the Part establishes that the Minister may issue general procurement directions relating to the procurement of goods, services or works by State agencies that deal with (i) the method of procurement; (ii) the coordination of procurement; (iii) contracts for goods, services or works and their management and administration; (iv) the role of the Department CEO in undertaking procurement activities on behalf of State agencies; (v) investigation and complaint handling relating to procurement; (vi) approvals of cooperative arrangements by the Department CEO under Part 5; (vii) functions under Part 7 and matters relating to the suitability of suppliers. Agency specific procurement directions can be issued as well. Part 5 concerns coordination of procurement arrangements and considers two types of contractual arrangements: the common use contractual arrangements and cooperative arrangements. Part 6 provides for investigation, audit, complains by suppliers. Part 7 establishes that regulations may provide for the debarment of suppliers from supplying goods, services or works to State agencies and can specifying the conduct for which a supplier may be debarred, the procedures to be followed, specifying the maximum period for which a supplier may be debarred or suspended, may also provide that the debarment or suspension of a supplier applies to all goods, services or works or to particular kinds of goods, services or works, among others.
This Act does not apply to the following — (a) the acquisition or disposal of land or of an interest in land, other than a relevant lease; (b) the employment of staff of a State agency or the appointment of a person to a statutory or executive office; (c) an investment, loan or other financial transaction; (d) a grant of money; (e) the acquisition by a State agency of a thing for resale; (f) procurement between State agencies (other than for the purposes of cooperative arrangements under Part 5); (g) any procurement (whether of specified things, of any specified kind or by any specified entity) prescribed by the regulations to be excluded from the application of this Act.
Part 3 provides for procurement functions of Minister and Department CEO. Part 4 regulates procurement directions; the Part establishes that the Minister may issue general procurement directions relating to the procurement of goods, services or works by State agencies that deal with (i) the method of procurement; (ii) the coordination of procurement; (iii) contracts for goods, services or works and their management and administration; (iv) the role of the Department CEO in undertaking procurement activities on behalf of State agencies; (v) investigation and complaint handling relating to procurement; (vi) approvals of cooperative arrangements by the Department CEO under Part 5; (vii) functions under Part 7 and matters relating to the suitability of suppliers. Agency specific procurement directions can be issued as well. Part 5 concerns coordination of procurement arrangements and considers two types of contractual arrangements: the common use contractual arrangements and cooperative arrangements. Part 6 provides for investigation, audit, complains by suppliers. Part 7 establishes that regulations may provide for the debarment of suppliers from supplying goods, services or works to State agencies and can specifying the conduct for which a supplier may be debarred, the procedures to be followed, specifying the maximum period for which a supplier may be debarred or suspended, may also provide that the debarment or suspension of a supplier applies to all goods, services or works or to particular kinds of goods, services or works, among others.
Attached files
Web site
Long title of text
An Act to modernise the processes for Government procurement of goods, services and works.
Notes
Including amendments up to Building and Construction Industry (Security of Payment) Act 2021 Pt. 7 Div. 4 (4 of 2021). Reprint as 1 August 2021.
Repealed
No
Source language
English
Legislation Amendment
No