The NSW Government is committed to efficiency, fairness, impartiality and integrity in all its dealings. Probity is an important issue for the NSW Government as the 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, each PPP procurement must include the following as early as possible in the process:
1. A comprehensive probity plan that helps foster a probity culture and clearly defines the proper process. This includes outlining appropriate communication channels and the type of feedback that can be provided to bidders during the tender process.
2. An appointed Probity Adviser or Auditor who provides independent advice and/or assessment throughout the procurement process, and attends relevant meetings with the private sector.
A Probity Adviser will normally advise on compliance and probity issues as they arise, however, the Responsible Agency (e.g. Project Director) is responsible for maintaining probity in the process.
All PPPs must comply with the NSW Government's Supplier Code of Conduct8. The Code establishes ethical standards and behaviours expected from the NSW Government and suppliers.
To ensure that the participation of any related companies across different consortia in a procurement process does not impact on the probity, competitiveness or cost of a project, the related companies may be required to sign a probity process deed. Responsible Agencies should consider approaches to early contractor involvement and interactive processes, which do not inhibit engagement while maintaining probity.
Responsible Agencies must ensure advisers engaged by NSW Government are released as soon as their engagement is completed so those advisers are available to the market, subject to appropriate confidentiality and probity arrangements to be agreed with Probity Advisers.
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. Certain NSW Government bodies, including the NSW Ombudsman, the NSW Audit Office, the Independent Commission Against Corruption (ICAC), and the Information and Privacy Commission NSW may examine complaints about potentially corrupt conduct or other issues in the procurement process. Responsible Agencies should also be familiar with the statutory complaint processes under the Public Works and Procurement Act 1912 (NSW) for alleged non-compliance with PBD 2019-05 Enforceable procurement Provisions.
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8 Further details are provided at https://buy.nsw.gov.au/policy-library/policies/supplier-code-of-conduct.