Topic 2: Aboriginal Procurement Policy (APP)

• Procurement spend with Aboriginal-owned subcontractors and suppliers

• Procurement spend with Joint ventures where Aboriginal businesses hold at least 50% ownership

• Procurement spend with businesses not majority Aboriginal-owned, even if they employ Indigenous staff

• Procurement spend with unverified claims of Aboriginal ownership (not certificated with Supply Nation or equivalent)

• Copies of subcontract or supply agreements

• Invoices and payment records

• Supply Nation certification or equivalent

• Project name

• Aboriginal business details

• Dates the services were provided

• Cost of services or supply provided

• Onsite and offsite work hours completed by Aboriginal employees

• Labour hours not linked to project delivery

• Travel to and from site

• Timesheets and payroll records

• Site attendance registers

• Project name

• Employee details

• Dates worked on site

• Start and finish times

• Cost of training and education for Aboriginal workers

• Training cost not linked or relative to project delivery

• Completion certificate

• Training attendance registers

• Course outline

• Invoices or receipts

• Project name

• Employee details

• Dates of training

• Start and finish times of training

• Cost of training

• If the participation target is not met, the remaining value is collected by the agency and directed to Aboriginal Participation Fund who use these funds to target skills and capacity gaps, education and capability building programs for Aboriginal peoples and businesses
• Contract breach penalties – defined by contract but may include withholding security or retention and damages
• Damage to reputational with both clients and community
• Jeopardise ability to win future contracts off previous performance
• Can trigger audits that can result in loss of time and could identify contract breaches

• Contract breach penalties – defined by contract but may include withholding security or retention and damages
• Damage to reputational with both clients and community
• Jeopardise ability to win future contracts off previous performance

During the tender stage we need to demonstrate our capability and track record to secure the job. We review all documentation for references to the Aboriginal Procurement Policy and identify how the head contractor expects us to contribute to the Aboriginal participation requirements. Where requirements are not achievable, we highlight these clearly and propose alternative ways we can add value.

1. Check if the Policy forms part of the tender documentation:

•  A key indicator is if the developer is a NSW government department (eg. NSW Education, NSW Health, Department of Planning, Housing and Infrastructure etc)
• Search (Ctrl F) the tender documents for key words such as Aboriginal participation, Aboriginal business, or Aboriginal employment

2. Can we meet the contractual clauses asking us to contribute to the Aboriginal participation requirements?

• Liaise with delivery team to assess our capability to deliver our contribution to the Aboriginal participation requirements
• Identify risks and opportunities associated with contributing to these requirements using the Capability Assessment Template

3. Showcase our previous performance for Aboriginal employment and procurement:

• Submit the Past Performance Template with the tender submission

4. Provide a written statement of how we can contribute to the head contractor’s Aboriginal Participation Plan:

• Complete the Social Procurement Commitments Template with project specific employment, procurement and training opportunities
• Flag any policy requirements we cannot achieve and highlight any additional value we can provide. The the Social Procurement Commitments Template has prompts to help you identify theses risks and opportunities
• Submit the completed Social Procurement Commitments Template with the tender submission
• In some instances, the tender may require you to write your commitments in their Response Schedules. If this is the case, you can ustilise the Social Procurement Commitments Template as guidance when drafting your responses

5. Liaise with the head contractor throughout the tender phase to ensure your understanding of the policy requirements

• Document any exclusions or negotiated amendments to Aboriginal participation requirements

The contract stage is where tender commitments are formalised. It ensures that negotiated requirements are accurately captured, achievable obligations are confirmed, and any agreed value‑adds are included before project delivery begins.

1. Liaise with Tender team to ensure the contract reflects what was agreed during the tender phase.

• If not, request for the contract to be updated to reflect what was negotiated during the tender
• Ensure any requirements we cannot achieve are not in the contract

2. Liaise with Project Delivery team to ensure those commitments can still be met and ensure any ways we can add value are in the contract

3. Document any exclusions or negotiated amendments

The planning stage ensures that Aboriginal participation requirements are embedded into project delivery from the outset. It sets clear responsibilities, establishes processes for compliance, and prepares the team to collect and report accurate data throughout the project lifecycle.

1. Nominate a project lead. This person will be responsible for:

• Conducting a hand over with the Contract Negotiation team to understand the Aboriginal participation requirements
• Ensuring the Aboriginal participation requirements are met throughout the project
• Reporting project outcomes to the head contractor

2. Write a project plan to ensure smooth compliance throughout the project delivery and clarify roles and responsibilities

• Complete the Project Plan Template outlining the targets, action required to meet those targets, and reporting methodology
• Use the  Project Planning Guide to identify sourcing channels for Aboriginal participation
• The Project Plan in an internal working document used to assist the project team in delivering a compliant project. It’s not shared with the head contractor or developer.

3. Set up a data collection folders and templates

• Use the Folder Structure Guide to implement the data collection process in preparation for the project delivery stage

4. Train project team on the Policy and it’s requirements

• Give project staff access to this training module
• If you’d like to learn more about the Aboriginal Procurement Policy, NSW Government offers a series of free 5-to-20-minute self-paced training modules

The delivery stage is where plans are put into action. It focuses on engaging Aboriginal businesses and workers, collecting accurate evidence of participation, and reporting progress to the head contractor. Strong delivery ensures compliance with the Aboriginal Procurement Policy and demonstrates tangible outcomes.

1. Follow the Project Plan

• The project lead is responsible for ensuring the project team are following the Plan
• Engage Aboriginal businesses and workers as outlined in the Plan
• Partner with oganisations to deliver capability uplift to Aboriginal businesses and workers

2. Collect evidence

• Record Aboriginal employment in FTE and contracts with Aboriginal businesses using the Social Procurement Tracker 
• Capture training initiatives using the Training Tracker Template
• Include subcontractor and supplier outcomes for Aboriginal employment and contracts

3. Submit reports to the head contractor monthly with your progress claim

• Use the Monthly Reporting Template to provide consistent and accurate updates

The close‑out stage captures the results of the project and ensures lessons are carried forward. It focuses on reporting achievements, documenting outcomes, and refining processes so future projects can build on what has been learned.

1. Provide the head contractor with a final report to showcase project outcomes

• Use the Project Completion Report Template

2.Draft a case study for use in future tenders

• Refer to Case Study Template to highlight key achievements and demonstrate capability

3. Document achievements and lessons learned

• Use Project Reflection Template to record successes and areas for improvement

4. Reflect and adjust

• Apply insights gained to strengthen Indigenous participation strategies in upcoming projects
• Adjust any templates or processes to improve efficiencies on future projects