E.4  Probity

Probity needs to be considered as part of the implementation of the interactive process.  However, it is important to note that if an appropriate framework is put in place, open communication can be achieved without exposing government to unacceptable probity risk.

The key elements that need to be considered from a probity perspective and suggested strategy for managing these issues are as below:

Personnel

Principle:  Probity requires the independence and impartiality of all persons involved in shaping the transaction and influencing the final outcomes.

Strategy:  To the extent practicable, consistent attendance by project team members will be ensured and attendees will be provided with protocols (refer below) to be observed during the meetings.  In addition, the Probity Practitioner may elect to attend any or all of the sessions if considered appropriate.

Communication

Principle:  Probity requires that effective communication protocols can establish equitable and respectful dialogue between parties.

Strategy:  Protocols should be developed to ensure communication with bidders is undertaken in accordance with the key principles outlined above i.e. positive v. negative feedback, confirmation v. additional information etc.  In addition, a full briefing of all project team members that will participate in the workshops should be undertaken prior to attendance.  This briefing will address both probity issues and the proposed conduct of the workshops.

Information

Principle:  Probity requires that all project documents and information, whether government's or bidder's, be managed in an equitable and respectful way.

Strategy:  Meetings should be conducted in a manner that will allow both government and the bidders to provide information, with the other party able to ask questions as relevant.  Where the Project Director forms the view that the project team has disclosed information during a workshop that has not previously been disclosed to all bidders, the project team will issue a release to all bidders containing the relevant information.

Confidentiality

Principle:  Appropriate treatment of commercial-in-confidence and intellectual property material to ensure that a bidder's intellectual property is protected and not communicated to another bidder.

Strategy:  Discussions on any aspect of a competitor's proposal or submission should be prohibited and the project team in each workshop should be specifically briefed to ensure they do not inadvertently disclose information from another bidder.