The NSW Government is strongly committed to the delivery of infrastructure and services to the people of NSW.
Public Private Partnerships (PPPs) are one of the options the Government uses to procure infrastructure and offers opportunities to improve services and better value for money, primarily through appropriate risk transfer, encouraging innovation, greater asset utilisation and integrated whole-of-life management.
2021 update to the NSW Public Private Partnership Guidelines
The NSW Treasury Infrastructure and Structured Finance Unit (ISFU) is currently undertaking a review of the 2017 NSW Public Private Partnership (PPP) Guidelines.
As part of this review, NSW Treasury is inviting feedback from NSW Government Agencies and stakeholders across industry, to help shape the next iteration of the Guidelines to ensure PPPs continue to deliver positive outcomes and value for money for NSW.
Comments are invited from stakeholders until 22 October 2021. Instructions on how to provide your feedback is provided below. For any questions about this review please contact the ISFU at [email protected]
Why are we doing this?
The NSW Public Private Partnership Guidelines were first implemented in 1995 and have since undergone regular improvements and updates. The current version of the Guidelines was released in July 2017.
Since then a number of changes to the legislative, economic, commercial and financial environment have prompted a need to review the current Guidelines, to ensure they continue to provide accurate and up-to-date advice to support Agencies and stakeholders in delivering major infrastructure projects.
The review will:
- Update the Guidelines with learnings from recent PPP projects;
- Further streamline the PPP process and provide greater support to Agencies in light of the NSW Government’s Action Plan: A ten point commitment to the construction sector; and
- Improve readability of the previous Guidelines and identify mandatory and recommended requirements.
A number of revisions and updates have been made to the 2017 version. These include:
- Updated advice on governance frameworks
- Guidance on the application of the Government Sector Finance Act 2018 (GSF Act) and associated Guarantees
- Updated advice on the procurement process
- Updates to commentary on the Public Sector Comparator and Shadow Bid models
- Updated advice on contract management practices
- Guidance on the impact of new accounting standard AASB 1059 on PPPs
- Clarification on mandatory and recommended components of the Guidelines
- Provision of additional tools and resources to support Agencies and other stakeholders undertaking or considering PPP arrangements.
How can I provide feedback or comments?
Written feedback should be provided via the downloadable template and sent to [email protected] once complete. Please submit your feedback by 22 October 2021. Should you wish to discuss your feedback further, please contact ISFU via the email above.
The procurement of infrastructure and associated services through Public Private Partnerships (PPP) by any NSW Government agency, including State Owned Corporations (SOCs), need to comply with:
- the National Public Private Partnerships Policy and Guidelines (the National PPP Guidelines); and
- NSW specific requirements in the 2017 NSW Public Private Partnerships Guidelines (TPP17-07)
PPP projects contracted through unsolicited proposals also need to comply with the Guide for Submission and Assessment of Unsolicited Proposals (2014) located on the NSW Government website.
The NSW Guidelines are designed to provide Government agencies, the private sector, advisors and other stakeholders a streamlined guide on the NSW specific policy and approval requirements for PPP procurement. These guidelines complement the detailed National PPP Guidelines.
The Infrastructure and Structured Finance Unit (ISFU) can advise government agencies on any aspect of these NSW PPP Guidelines.
Queries on the National PPP Guidelines can be directed to Infrastructure Australia.
NSW Public Private Partnership (PPP) Guidelines 2017
The NSW Public Private Partnership (PPP) Guidelines have been in force since 1995 and been revised occasionally to reflect improvements.
The revised PPP Guidelines continue to reflect NSW specific approval and legislative requirements. They further clarify the government and statutory approvals throughout the process and introduce the PPP Toolbox – 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 substantial ongoing review, both commercially and legally, and changes are made to these documents to reflect the particular transaction at that particular point in time. Current template forms of the PPP Toolbox Project Deed (excluding Schedules) and the PPP Toolbox Financiers Tripartite Deed can be obtained by contacting the ISFU.
Best Practice PPPs - Publications
- NSW Treasury, TPP06-8 Accounting for Privately Financed Projects (2006)
- NSW Treasury, TC15-16 Managing Public Private Partnership (PPP) Contracts (2015)
- Infrastructure Australia (IA) website publications
Disclosure of PPP documents
The NSW Guidelines require 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. (Note that the 2012 NSW Guidelines, which is currently being updated, incorrectly states 60 days.)
The NSW 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 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.
Private Sector PPP participant ownership changes are disclosed on this website in the Awarded Projects section. The Infrastructure and Structured Finance Unit of Treasury should be contacted to clarify Project Summary requirements.
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.
NSW Government Action Plan - A ten point commitment to the construction sector
The success of NSW’s infrastructure program relies on greater collaboration between the public and private sectors. 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 Action Plan also highlights a myriad of initiatives that will address the capacity and capability challenges facing the NSW Government and the construction sector.
NSW Government’s ten commitments are:
- Procure and manage projects in a more collaborative way
- Adopt partnership-based approaches to risk allocation
- Standardise contracts and procurement methods
- Develop and promote a transparent pipeline of projects
- Reduce the cost of bidding
- Establish a consistent NSW Government policy on bid cost contributions
- Monitor and reward high performance
- Improve the security and timeliness of contract payments
- Improve skills and training
- Increase industry diversity
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.