Policy, guidelines and publications

The NSW Government is strongly committed to the delivery of infrastructure and services to the people of NSW.

Public Private Partnerships are one of the options available to Government to procure infrastructure and offers opportunities to improve services and achieve overall better value for money outcomes, primarily through: 

• appropriate risk transfer,
• encouraging innovation,
• greater asset utilisation, and
• integrated whole-of-life management.

Public Private Partnership Policy

The procurement of infrastructure and associated services through a Public Private Partnership (PPP) by any NSW Government agency, including State Owned Corporations (SOCs), must comply with:

• NSW Government Procurement Policy Framework  
• National Public Private Partnerships Policy and Guidelines (the National PPP Guidelines)
• NSW specific requirements in the NSW Public Private Partnership Policy & Guidelines (TPG22-21)

NSW Public Private Partnership Policy & Guidelines requires that a public infrastructure project with a total estimated capital value exceeding $200 million must be assessed for possible PPP procurement, having regard to value-for-money drivers as part of the Procurement Strategy. Appendix 4 PPP Assessment Framework of the NSW Public Private Partnership Policy & Guidelines provides guidance for completing an initial, high-level, qualitative assessment to determine whether a capital project is potentially suitable for a PPP at the Strategic Business Case stage to inform the Procurement Strategy

PPP projects procured through an unsolicited proposal process must also comply with the Unsolicited Proposals: Guide for Submission and Assessment, which can be found on the NSW Government website.

The NSW PPP Policy & Guidelines provide Government agencies, the private sector, advisers and other stakeholders, with a streamlined guide to the NSW specific requirements for PPP preparation, procurement and management, and complement the National PPP Guidelines.

The Infrastructure and Structured Finance Unit (ISFU) can advise government agencies on any aspect of these NSW PPP Policy & Guidelines.

Queries on the National PPP Guidelines can be directed to Infrastructure Australia.
 

NSW Public Private Partnership Policy & Guidelines 2022

NSW specific guidance on the development, procurement, and management of a Public Private Partnership (PPP) has been provided to agencies, market participants and other stakeholders since 1995. Guidelines are revised from time to time and reflect lessons learned, and enhancements to the preparation, procurement, and management of PPPs.

Key drivers for the revised NSW PPP Policy & Guidelines (Guidelines)

The NSW PPP Policy & Guidelines are an update to the 2017 version. The key drivers for the 2022 update are:

• further enhancements to the State’s approach to the preliminary assessment of projects for PPP suitability, incorporating a Procurement Options Analysis in parallel with a Strategic Business Case 
• changes to legislation affecting the approval of Government funding with respect to PPPs – updating for the Government Sector Finance Act 2018 
• new accounting standard AASB 1059.

NSW Treasury led a robust consultation process

The NSW PPP Policy & Guidelines reflect current NSW best practice in procuring Public Private Partnerships taking into account the outcome of an extensive consultation process, where Government agencies and market participants were invited to provide written feedback to NSW Treasury on specific consultation issues and the wider NSW PPP Policy & Guidelines. 

NSW Treasury received over 41 submissions from agencies and market participants, with 551 written comments.

The revised NSW PPP Policy & Guidelines consolidate and streamline NSW Treasury policy

The NSW PPP Policy & Guidelines incorporate and absorb TC15-16 Managing Public Private Partnership (PPP) Contracts and TPP15-02 Budgeting for Availability based Public Private Partnerships to streamline PPP related policy and guidance owned by NSW Treasury. The NSW PPP Policy & Guidelines thereby adopt ‘policy’ in the title: ‘NSW Public Private Partnership Policy and Guidelines 2022’.

NSW PPP Toolbox

The NSW PPP Policy & Guidelines continue to reflect NSW specific approval and legislative requirements. They highlight the required Government and statutory approvals throughout the   PPP process, and maintain the concept of the NSW PPP Toolbox. The PPP Toolbox is a suite of templates and pro-forma documents which aim to streamline the transaction process, ensure a consistent approach is taken throughout the procurement lifecycle of major projects and reflect best practice in PPPs in NSW.

The PPP Toolbox templates and pro-forma documents are subject to a substantial review, both commercially and legally. The template forms of the PPP Toolbox Project Deed (excluding Schedules) and the PPP Toolbox Financiers Tripartite Deed will be available once the review is finalised.

Disclosure of PPP documents

The NSW PPP Policy & Guidelines require Public Private Partnership (PPP) contracts to be disclosed consistent with the Government Information (Public Access) Act 2009 (GIPA). Under GIPA, this is to occur 45 working days after the contract becomes effective.

The NSW PPP Policy & Guidelines also require that agencies prepare a Project Summary within 90 days of the contracts becoming effective. Project Summaries are a plain English summary of a project’s contracts but do not have any independent legal status. Consistent with GIPA, the NSW PPP Policy & Guidelines state that agencies are to update Project Summaries if material amendments to contracts that have the effect of significantly changing the relevant contract summary information, particularly if that information cannot be easily found elsewhere.
 

Related Policies

All NSW Government agencies, other than State Owned Corporations (SOC), are also subject to the NSW Government Procurement Policy and its associated guidelines.

SOCs are subject to the Commercial Policy Framework.

Local government councils are required to comply with separate guidelines as per Part Six of Chapter 12 of the Local Government Act 1993.

The NSW Government Action Plan – A Ten Point Commitment to Construction Sector outlines the NSW Government’s vision and actions to strengthen collaboration between the public and private sectors in major construction programs.

The Premier’s Memorandum M2007-01 Public Disclosure of Information Arising from NSW Government Tenders and Contracts is designed to provide greater consistency and transparency in government contracting.
 

NSW Bid Cost Contributions Policy

The NSW Government can only achieve its infrastructure objectives in partnership with the private sector, and this depends on healthy ongoing competition between a capable field of construction and development firms, sub-contractors and the industry supply chain – not just now, but for years to come.

The NSW Bid Cost Contributions Policy has been developed by the NSW Government’s Construction Leadership Group (CLG) as part of its NSW Government Action Plan – A Ten Point Commitment to the Construction Sector. It has been endorsed by its member agencies, all of whom are engaged in the delivery of a large long-term pipeline of infrastructure investment on behalf of the NSW Government.

This policy sets out the arrangements the Government has adopted to determine if, when and how it will make a financial contribution to partially offset the cost of bidding for construction and infrastructure projects in NSW.