Governments require adherence to the highest ethical standards and conduct in procurement and commercial engagements. Government and public officials must be able to demonstrate high levels of integrity in processes while pursuing VfM outcomes for the government and meeting the public interest.
The Commonwealth and many of the states have variously articulated the probity principles which apply to government procurement in their respective jurisdictions.15 Whilst there is not complete unanimity between the various government entities in respect of the description of the basic probity principles which should be present in all government procurements, commonly the fundamental probity principles cover such concepts as:
• transparency and accountability;
• integrity;
• fairness;
• free from bias, free from conflict of interest;
• security of confidential information; and
• consistency and objectivity
The jurisdictions have also developed 'best practice guidelines' and other policy documents to assist government officials with various aspects of the tendering process, including with alliance contracting. Additionally, the courts have considered a number of cases since 1997 which have provided guidance on many elements of government tendering processes.
Each significant alliance project will have one or more probity plan, and protocols tailored to address the probity risks of the particular project and government probity standards generally. These probity plans and protocols will be established using probity advisers.16 These concepts are discussed in the context of TOC development below.
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15 For example, State Procurement Policy in Queensland requires use of a probity advisor for construction projects valued of more than $100 m. The Policy also encourages agencies to engage probity auditors or advisors for high-risk procurement below these thresholds.
16 This Guidance Note does not endeavour to provide a comprehensive overview of the selection process but focuses particularly on matters that pertain to the Owner in TOC development. The full tender selection process and criteria need to be developed by the Owner, using the input of its Probity Adviser, to meet the unique requirements and profile of its project.