Guide to engaging a probity practitioner

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
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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
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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
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