The WAIPS Portal is live from 1 July 2024.
About
The Western Australian Jobs Act 2017 allows conditional exemptions from the requirement of each prospective supplier to submit a participation plan when they are tendering for a WAIPS supply. There are 2 forms of exemptions including a case-by-case basis or as a standing exemption in relation to a prescribed class or circumstance of a WAIPS supply. Exemptions are to be granted by the Minister for State Development, Jobs and Trade (Minister for Jobs) or the delegated authority.
As part of an agency’s procurement planning, a minimum of 15 working days is required for the Department to process an exemption application. Exemptions must be approved before a tender is released and no retrospective applications will be granted.
An exemption may result in a participation plan no longer being required but reporting on workforce including apprenticeships and traineeships will still be required and a condition of the exemption provided.
A list of granted exemptions is available on the WA Industry Participation granted exemptions page.
Standing exemptions
Standing exemptions are available to agencies when there are frequent or repetitive procurements which align with one exemption category. This process reduces the administration process by removing the requirement for participation plans (exemption process) and repetitive single exemption applications.
A standing exemption request must be submitted via email to WA Industry Link. If approved, management of the exempt supplier’s contract is completed through the WAIPS Portal. Prepare a Standing Exemption Application Letter using the online template.
Case-by-case exemptions
Case-by-case exemption requests and the management of exemption and exemption reports must be done through the WAIPS Portal. For WAIPS Portal support on exemptions, visit the agency user guide.
Exemption eligibility
Exemptions are classified into categories and the category of exemption being sought is included in the exemption request. The below list provides further guidance on the typical exemption requests. The list is not exhaustive, and there will be unique circumstances pertaining to an agency and its WAIPS supply that are not covered in this list. In these circumstances, further advice can be sought from WA Industry Link.
Exemption categories
Classified and sensitive
Show moreProcurement that contains information requiring protection and security because it has or could have an impact on national interest, including:
- National security – protection from espionage, sabotage, politically motivated violence, promotion of communal violence, attacks on Australia’s defence system, acts of foreign interference and the protection of Australia’s territorial and border integrity from serious threats.
- International relations – significant political and economic relations with international organisations and foreign governments.
- Law enforcement operations where compromise could hamper or make useless crime prevention strategies or particular investigations or endanger personal safety.
- Classified and sensitive examples include but are not limited to the procurement of firearms, emergency services procurement in relation to counter-terrorism.
Overseas expertise in specialised equipment
Show more- The acquisition of specialised equipment that is not manufactured in Australia; and
- Where the acquisition is 90% or greater of the estimated contract value. Examples include medical equipment such as MRI machines and some specialised industrial vehicles.
Sole source
Show more- Where there is only one known source for supplies or services as determined by documented research.
- No other reasonable alternative source exists that meets the procurement agency’s requirements.
- Only one source meets the needs of the procurement agency. Examples include systems/product maintenance (e.g., additional licences, updates, replacement parts); information technology; and laboratory equipment.
Must be performed in Western Australia
Show more- Where the nature of the procurement must be performed within Western Australia; and
- Estimated local participation is at 90% or greater.
- There is little or no variation anticipated between offers to supply. Examples include contract for cleaning a school or office building; contract to provide gardening services.
Must be performed overseas
Show more- A small number of procurements are for overseas services. Examples include maintenance of an overseas office and tourism marketing in overseas markets.
Unique Circumstances
Show more- Where the procurement doesn’t fit one of the defined categories, but the agency is able to demonstrate that there will be little or no benefit to the state to request a participation plan as part of the procurement process.
Common Use Arrangements (CUAs) and Agency Panel Arrangements
Show more- Agencies must formally seek an exemption for the head agreement so that prospective suppliers will not be required to include a participation plan as part of their offer to establish the arrangement.
Other
Show more- A further instance is an agency purchase of a basic utility service such as gas, water and electricity.
