This Guidance explains how the principles of probity relate to the commitment that tender participants must make regarding conflicts of interest and prevention of collusion.
Effective date: 1 July 2018
Objective: To outline the commitment that tender participants must make regarding conflicts of interest and prevention of collusion
The probity-specific Directions and Instructions should be an ongoing reference at all points of a tender process and contract management.
This Guidance discusses how the probity requirements apply to tender participants in relation to conflicts of interest and prevention of collusion.
Commitments from tender participants to uphold standards
The Victorian Government is committed to ethical, sustainable and socially responsible procurement and expects the same high standards of its suppliers when providing Works or Construction Services to the Victorian Government.
- immediately declare a potential or real conflict of interest
- conduct themselves fairly and honestly
- not engage in practices that would compromise a fair and transparent selection process, and
- not offer commissions or inducements to Agency personnel or other contractors and subcontractors to influence a tender process.
These commitments are required through:
- which outlines commitments required from all suppliers to the Victorian Government; and
- which relates specifically to Public Construction Procurement.
Ensure that tender participants provide commitment letters in the model form as part of their tender response. The Model Request for Tender and returnable schedule, along with the suite of Victoria Public Construction Contracts provide a basis for ensuring that these commitments are received and addressed.
While some of these matters may also have legal consequences under competition laws, such as the , including these commitments as a condition of participating in the tender process and as an ongoing contractual obligation ensures that the Agency can take action in relation to the behaviour.
Engaging with one or more potential participants in the context of forming a joint venture or consortium in the tender preparation process is not in itself collusive behaviour. Nor is the circumstance where, for example, there is limited expertise for a particular requirement and consequently a participant is party to multiple tender responses.
Tools and support
Reviewed 30 October 2018