Probity  Plan

All stages of any purchase should be carried out in an open and transparent manner.  It is important that the tendering process be planned and managed carefully to ensure that it is implemented fairly.

Two Federal Court cases - Hughes Aircraft Systems International v Air Services Australia (“Hughes”), and JS McMillan Pty Ltd, Pirie Printers Holdings Pty Limited and Imsep Pty Limited v Commonwealth of Australia (“McMillan”) - reinforce this principle and emphasise that public bodies, in particular must:

• give all tenderers the same opportunity to make an offer on the same terms;
• ensure that no information provided is misleading; and
• adhere to the published conditions of the published request documentation, particularly in regard to the evaluation process.

A Probity Checklist should be used by the area running the tender (EOI/RFP/RFT) to ensure that:

• The process is transparent;
• The process is fair;
• Overall honesty and integrity is paramount with all offers being treated consistently and in accordance with the request documentation;
• Confidentiality of information and documentation; and
• All disclosures in relation to conflict of interest are declared and managed accordingly.

The probity checklist at:

http://info.anu.edu.au/Policies/_CFO_DFBS/Forms/Probity_Checklist.asp should be completed by the ‘secretary’ to the tender process, reviewed by the Chair and included in the documentation reviewed by the delegate that is responsible for the tender process.

The probity checklist should be considered at various stages throughout the tender process.

If the tender process relates to a:

• procurement project greater than $20 million;
• procurement project where there is a possible conflict of interest; or
• a project identified by the Vice Chancellor, Finance Committee or ANU Council.

A full risk assessment should be undertaken and consideration given to the appointment of an independent probity advisor.