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Improving Probity in Public Sector Supply ChainsShaun Scott
COMPANY LOGO HERE
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Discussion Points
– Public Sector SCM and Procurement Context
– Why Probity and What is Probity?
– How to Improve Probity in Your Organisation?
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The Constitution of the Republic of South Africa, 1996 Act 108 of 1996, Section 217
“(1) When an organ of state in the national, provincial or local sphere of government, or
any institution identified in national legislation, contracts for goods or services, it must do so
in accordance with a system which is fair, equitable, transparent, competitive
and cost-effective.”
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Transparency International – Corruption Perceptions Index 2012
Least Corrupt:1. Denmark1. Finland1. New Zealand4. Sweden5. Singapore
Worst:172. Myanmar173. Sudan174. Afghanistan174. Korea (North)174. Somalia
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Transparency International – Corruption Perceptions Index – Ranking 2003 to 2012
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Russia
Nigeria
Brazil
South Africa
Ghana
Botswana
69th
43rd
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Procurement in New Zealand
• “When evaluation panel’s are scoring submissions, our top of mind focus must always be on ensuring our individual and collective behaviours meet appropriate standards of probity.”
• “Probity file checklist”• “Probity Audits and Official Information Act
requests related to your evaluation and records”
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Procurement in Singapore
“Three procurement principles embedded:– practices which are fair and so create a level
playing field for all would-be suppliers;– public is given value for money so that goods
and services purchased represent the most effective and efficient use of public revenue; and
– maintain the highest standards of probity in the procurement process, so minimizing the possibility of corruption.”
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Probity Definitions
The quality of having strong moral principles; honesty and decency.
Complete and confirmed integrity; uprightness.
Confirmed integrity; uprightness.
The Oxford Pocket Dictionary of
Current English 2009
Collins English Dictionary – Complete and Unabridged
The American Heritage® Dictionary of the
English Language, Fourth Edition copyright
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Probity in a Procurement Context
….the evidence of ethical behaviour in a particular process….
….adequately documented to demonstrate probity and fairness of key decisions and procedures…
…ensuring the integrity of procedures and processes put in place to provide fairness and
transparency in purchasing decisions….
Ethics, Probity and Accountability in Procurement, Queensland,
Department of Public Works Crime and Misconduct Commission, 2006
Probity in Australian Government Procurement,
Australian National Audit Office 2008
Procurement Policy Guide, Massey University,
New Zealand, 2009
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How to Improve Probity?
• Secretarial Services– Responsibility of Supply Chain Management Unit– Competent, Resourced and Professional
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How to Improve Probity?
• Recording Capability - Draft Regulations (TR16A):– The proceedings of committees must be recorded mechanically to enable
the preparation of verbatim reports when required by a court of law. Recordings must be kept in a safe, conducive environment for a period of no less than five years after the lapse or cancellation of the contract or in terms of the Archive Act.
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• Code of Conduct
– Educate & Train
– Internalise
– All Role Players
How to Improve Probity?
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How to Improve Probity?
• Records Management:
– Filing
– Retrieval
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How to Improve Probity?
• Processes and Check Lists– Auditable– Assists in record
management and compliance
– Detailed:– SBD/MBD 4– SBD/MBD 6.1– SBD.MBD 6.2
– Probity checklists
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How to Improve Probity?
• Probity Plan– more-complex and higher-risk procurement. Taking into
consideration the scale and sensitivity of the purchase, a probity plan is a means to identify and manage probity risks
• Probity Advisors– Advice and assistance before and during the course of the procurement
process, as a basis for improving the procurement outcome and addressing unexpected probity issues that arise
• Probity Auditors– Independent scrutiny of a procurement process and expresses an
objective opinion as to whether the prescribed probity requirements have been adhered to
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How to Improve Probity?
• Probity Tools Probity Risk Assessment ToolTender name
Date of assessment 12/07/2013
Conducted by
Risk Rating
Probity Risk Assessment Results
Tender Characteristics
Conflict of interest/Confitentiality
Overall Probity Risk Rating is
Recommended action
Tender for the xxxxxxx
A tender with a HIGH probity risk rating will require the appointment of a probity practitioner. It is also advisable to examine those areas of the assessment with high scores to determine if additional treatment of the risk is required before continuing with the tender process.
A tender with a MEDIUM probity risk rating requires careful considation of the appointment of a probity practitioner. The decision will need to be based on a balance of the risks identified against the costs involved in that appointment. Areas identified at a medium or higher rating should be examined for opportunities for improvement and reduction of the risk.
A tender with a LOW probity risk may not require a probity practitioner.
H S Carelse
medium
Medium
High
High
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In closing
• Our transparency practices are just not enough
• There are lessons and practices we can learn from others
• Addressing the basics can make a significant impact
• Don’t just make your current job a dress rehearsal for the next