Engaging a probity practitioner – procurement guide When and how to engage a probity practitioner Complexity and Capability Policy Governance Policy Market Analysis and Review Policy Market Approach Policy What is a probity practitioner? Contract Management and Disclosure Policy A good probity practitioner: The term probity practitioner covers the two dimensions of probity service: probity auditor and probity advisor. A probity auditor ensures process compliance and a probity advisor provides guidance on achieving standards of probity across the entire procurement process. Engaging a probity practitioner helps ensure high standards of probity in the conduct of procurement activity. When to engage a probity practitioner The decision to engage a probity practitioner is based on the complexity of your procurement activity as shown in Figure 1. Independent of the procurement process maintains objectivity so that advice and opinions are viewed as impartial possesses adequate professional proficiency to provide the services required maintains highest ethical standards, and ensures that no actual or perceived conflict of interest exists. The final decision to engage a probity practitioner will reflect the market analysis and review stage of an individual procurement activity. Figure 1: Engaging a probity practitioner based on complexity Value created through procurement High Leveraged Strategic Auditor role applicable in some instances Separate auditor and advisor role in all instances Transactional Focused Auditor role maybe required in limited cases Auditor and adviser role in all instances Low Specialised Standardised Goods/services/market Using this guide This guide accompanies the Victorian Government Purchasing Board’s (VGPB) new procurement framework. Refer to the policies for mandatory requirements. For more information, visit the Procurement Victoria website at www.procurement.vic.gov.au La For low risk and, in some instances medium risk procurement, consider using internal probity services where the capability exists in the organisation. It is essential that there is a clear separation between the internal practitioner and the actual procurement activity. In many instances probity auditor and advisor services can be provided by the same party. Where the procurement has a strategic impact on your organisation or is of high risk to the Government, it is advisable to engage a separate auditor and advisor who are both external to the organisation. To get the most from services offered by probity practitioners, you need to engage them as early as possible in the procurement process. Benefits of engaging a probity practitioner The benefits of engaging a probity practitioner include: pre empting possible probity issues; in the case of a probity advisor, helping to identify emerging probity issues and risks, and advising on appropriate response actions; minimising potential for complaints by having an independent third party monitor the procurement process; giving suppliers confidence in the procurement process; providing an independent viewpoint; contributing to accountability and transparency of the procurement process; and ensuring procurement decisions are documented and defensible. Role definition Appointing a probity practitioner does not lessen the application of sound processes. A probity advisor is an integral part of the procurement team and works under the project manager. A probity auditor works independently of the procurement team and is not subject to direction by the project manager. The probity advisor should attend all project meetings to the extent necessary to fulfil their role. The probity auditor should attend any meetings deemed relevant by the auditor to gather evidence about the conduct of the procurement. Engaging a probity practitioner – procurement guide Last updated 7 January 2013 2 Table 1 provides a comparison of roles and services provided by the auditor and the advisor. Engaging a probity practitioner – procurement guide Last updated 7 January 2013 3 Table 1: Comparison of roles and services provided by the probity auditor and advisor. Tasks Probity auditor Probity advisor Provide quality, strategic, timely advice and guidance on maintaining standards of probity during the course of the procurement process Contribute to developing a procurement conduct plan (PCP) and endorsing the PCP Provide advice and guidance to the project team on ensuring standards of probity when approaching the market Provide status reports on probity matters Monitor progress of the procurement for probity compliance Alert appropriate levels of management to any breach of probity Help establish probity requirements and obligations for all levels of personnel involved with the procurement Advise on maintaining the integrity of the procurement process Provide advice and guidance in the event of disputes arising from the procurement process Review procurement project documents (e.g. expressions of interest and requests for tender) to ensure potential registrants and respondents are treated fairly Review procurement processes, document flows and subsequent decision-making processes to assess compliance Endorse the evaluation plan and evaluation reports Attend meetings, interviews, presentations or negotiations when required, to ensure appropriate meeting protocols and established procedures are followed Identify procurement risk management and/or mitigation strategies to minimise policy breaches Contribute as required to ensure probity objectives are achieved; providing probity signoff and reports as necessary Engaging a probity practitioner – procurement guide Last updated 7 January 2013 4
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