The NSW Government is committed to efficiency, fairness, impartiality and integrity in all its dealings. Probity is an important issue for Government as custodian of the community's assets. Probity management is an integral part of the procurement process as PPP transactions can involve lengthy and complex tender processes.
As part of ensuring public and bidder confidence in the process, all PPPs in NSW must have, as early as possible in the process:
■ a comprehensive probity plan - a probity plan that helps foster a probity culture and clearly defines the proper process; and
■ an appointed Probity Adviser or auditor - providing independent advice and/or assessment throughout the tender process.
All PPPs must also comply with NSW Government's Code of Practice for Procurement6. The Code establishes ethical principles and standards of behaviour for all parties involved and will apply to all procurement actions from calling for EOIs through to project completion.
To ensure that the participation of related companies in a tender does not impact on the probity, competitiveness or cost of a project, the related companies may be required to sign a probity process deed.
The NSW Government has established independent review mechanisms for complaints about tendering with Government agencies to maximise community and business confidence in the NSW Government's tendering practices. The Independent Commission Against Corruption may examine complaints about potentially corrupt conduct in the procurement process.
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6 Further details are provided at https://www.procurepoint.nsw.gov.au/policy-and-reform/nsw-government-procurement-policy-framework .