Plan for probity

Probity means acting with integrity, fairness and honesty. You need to know how you will apply probity throughout your procurement.

Government procurement must be transparent, fair and ethical. This helps ensure there is confidence in government processes. Plan for probity early in the process and make sure it is part of every step of the procurement.

Principles of probity

Probity means integrity, fairness and honesty. This is shown by:

  • transparency of actions
  • equity
  • confidentiality
  • managing conflicts of interest, whether actual or perceived

Buyers and suppliers must deal with each other on the basis of mutual trust and respect. This is important to achieve the goal of value for money.

How to apply probity

Probity should be part of every aspect of every procurement activity.

To achieve an ethical and transparent approach, this means:

  • you act with integrity and impartiality
  • you ensure market equality by applying a suitable level of competition to the procurement activity
  • processes are consistent, transparent and auditable
  • ensuring suppliers’ information remains secure and confidential
  • you identify and manage conflicts of interest
  • you assign appropriate capability to elements of the procurement process
  • you engage a probity practitioner if the procurement is complex

Plan for probity

You must plan for probity in the process. More stringent requirements may apply to high-value or complex procurements.

For goods and services, speak to your procurement governance unit about the thresholds that apply.

For construction procurement of more than $10 million you must develop a probity plan.

Read more about the requirements and thresholds in directions and instructions 4.1 and 4.2

Probity in practice

Act with integrity and impartiality

You show integrity by:

  • being honest, open and transparent in your dealings
  • being responsible in the way you use your powers
  • addressing improper conduct
  • managing any real or perceived conflict of interest
  • striving to earn and sustain a high level of public trust

You show impartiality by:

  • making decisions and providing advice based on merit rather than bias, unpredictability, favouritism or self-interest
  • acting fairly by considering all relevant facts and criteria
Probity in procurement - goods and services guide
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Follow other government laws and frameworks

Check what you need to do to follow other government laws and frameworks:

Ensure market equality

  • treat all potential suppliers (existing and potential) fairly and equally
  • you must provide all suppliers with the same information
  • Respond to suppliers’ questions in similar time frames
  • give each supplier fair access to visit sites

Follow auditable, accountable processes

It’s important your procurement and contract management follows the record-keeping requirements of your organisation. Make sure you store all records and documents in accordance with those requirements regardless of whether they’re in paper or electronic form.

Maintain consistent and transparent processes

  • apply transparency and fairness throughout the procurement process
  • keep records throughout the process, with enough information for independent review
  • make sure any change or variation to the process or scope doesn’t unfairly preference any bidder and minimises extra costs

Keep supplier information secure and confidential

Set up procurement processes to make sure information from suppliers stays confidential. This is very important for commercially-sensitive information and intellectual property.

Identify and resolve conflicts of interest

Set up procedures and processes to identify and address conflicts of interest. These may be actual conflicts of interest, or perceived conflicts of interest.

Record all action taken to address them.

If you are buying goods or services, we encourage you to use the templates.

Conflict of interest declaration template - goods and services
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Assign the right capability to parts of the procurement process

Align procurement processes with capability. Ensure staff and systems match each part of the procurement process.

Engage a probity practitioner

If your procurement is a complex one, you may need probity oversight.

You should make the decision to engage a probity practitioner as you analyse the market and plan your approach to market. You need to engage them as early as possible in the procurement process.

Find a probity practitioner in the professional advisory services contract

Probity practitioners are:

  • independent of the process
  • objective and impartial
  • proficient

They will also have no conflicts of interest, and hold the highest ethical standards. There are two roles in which a probity practitioner may be engaged.

Probity roles

A probity auditor:

  • works independently of the procurement team
  • can observe and report on how the procurement follows regulations, frameworks and standards
  • attends any meeting they feel is necessary to gather evidence about the conduct of the procurement

A probity adviser may as required:

  • advise on compliance with VGPB policy and any other government procurement policies with respect to probity
  • undertake probity tasks on behalf of the procurement team
  • can provide advice and guidance on maintaining probity standards during the procurement process
  • alert appropriate levels of management to any probity issues
  • attends meetings and observe the procurement team performing procurement activities

Benefits of engaging a probity practitioner

A probity practitioner can:

  • pre-empt and proactively manage possible probity issues
  • minimise potential for complaints by having an independent third party monitor the procurement process
  • provide an independent point of view
  • contribute to accountability and transparency of the procurement process
  • ensure procurement decisions are documented and defensible
  • help to identify and address emerging probity issues and risks
  • provide advice on how to respond to issues

Assessing unsolicited proposals

To assess unsolicited proposals for goods and services, download the Guide.

Managing an unsolicited proposal - goods and services guide
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