Help standardise and improve engagement terms and risk allocation in the NSW Government's procurement of infrastructure advisory services.

Suppliers providing Infrastructure Advisory services to the NSW Government play an important role in supporting the planning and delivery of the NSW Government's infrastructure pipeline.

The aim of standardising and improving engagement terms and risk allocation is to provide greater certainty to industry when doing business with the NSW Government, ensuring we achieve the best value for money and address the following aspects of the NSW Government Action Plan: a ten point commitment to the construction sector:

  • Adopt partnership-based approaches to risk allocation;
  • Standardise contracts and procurement methods; and
  • Reduce the cost of bidding.

Note: Infrastructure Advisory services includes Engineering, Technical, Design & Advisory Services provided under a fee for service arrangement in relation to any stage in the infrastructure asset lifecycle from concept through to commissioning (and where applicable the ongoing operations and maintenance of the asset) of all new economic and social infrastructure assets for the NSW Government. It excludes General Advisory Services, Legal Services and ICT Consulting Services.

Term Sheet for consultation

A Term Sheet has been developed which sets out the proposed commercial principles that will form the basis of new template contracts (and guidance) for NSW Government buyers of infrastructure advisory services under the following whole of government schemes (the Schemes):

  • SCM1191 Consultants in Construction up to $9 million Scheme
  • SCM10611 Consultants in Construction above $9 million Scheme
  • SCM0005 Performance and Management Services (PMS) Scheme (engagement type 15)
  • SCM0801 Government’s Architect’s Strategy and Design Scheme.

The Term Sheet was developed in consultation with NSW Government agencies and has been informed by a comprehensive review of relevant templates, including those currently applicable to the Schemes.

Tell us what you think

A consultation period will take place to obtain feedback on the Term Sheet from relevant industry participants. The consultation period will commence at 2pm on Tuesday, 26 July 2022 and conclude at 5pm on Tuesday, 23 August 2022. There are two main ways of providing feedback on the Term Sheet:

  • Complete the online survey below, and/or
  • Upload a detailed submission using the template provided

Prior to submitting feedback, respondents are encouraged to review the Term Sheet in its entirety.

Feedback is particularly sought on the recommendations associated with identified Focus Areas.

Feedback will be used to inform a Final Term Sheet, which will form the basis of two template contracts (short form and long form) applicable to the Schemes.

For all questions relating to the consultation process (questions must be submitted via email) please contact: infra-advisory@treasury.nsw.gov.au or Infrastructure-Advisory@treasury.nsw.gov.au using subject line “Terms & Conditions".

Thank you for your feedback

This engagement is now closed. Thank you for participating. We are currently reviewing your feedback.

News feed

From 1 August 2023, agencies are recommended to use the infrastructure advisory contract framework when buying infrastructure advisory services.

What's changing 

Taking into account the feedback received from the Have Your Say survey, NSW Government is introducing the infrastructure advisory contract framework from 1 August 2023.

The framework aims to provide certainty and consistency for suppliers. It includes templates for:

  • contracts for low-risk engagements
  • contracts for high-risk engagements
  • tender schedules and tender conditions
  • award, suspension, default, breach and variation.

When it applies

NSW Government agencies, except Transport for NSW, are recommended to use the framework when buying infrastructure advisory services.

Buyers from Transport for NSW should continue using the Professional Services Contracts (PSC) templates.

The framework applies when buying infrastructure advisory services including under the following recommended schemes: 

Where to find out more

For guidance on the framework and its templates, see the infrastructure advisory services page.

Provide your feedback

Upload a submission

Your privacy

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Have your say consultations are run by the NSW Department of Customer Service (McKell Building, 2-4 Rawson Place, Haymarket NSW 2000).

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Where we conduct a consultation with or on behalf of a partner agency, we would usually share the information that we collect with that agency. In this instance, we are running this consultation with:

  • NSW Treasury

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