The Victorian Auditor-General’s Office (VAGO) tabled an independent assurance report to Parliament on 20 June 2024 titled “Assuring the Integrity of the Victorian Government’s Procurement Activities“.
This report examines procurement practices within Victorian government departments, highlighting key areas for improvement and offering recommendations to ensure integrity and probity in public sector procurement.
In this blog series, we have summarised:
- Key aspects of the VAGO report, its recommendations, and lessons learned (Part 1).
- Processes for identifying, disclosing, and managing conflicts of interest to reduce risks to the integrity of procurement activities (Part 2).
In this final instalment of our three-part blog series, we examine VAGO’s insights into the support mechanisms necessary for effective procurement. The report highlights several areas where departments and agencies can enhance their procurement support structures, including procurement approvals documentation, evaluation criteria, procurement document approvals, and probity principles.
Procurement Approvals
VAGO identified a higher risk of fraud and corruption at certain approval stages in the procurement process:
- When departments approve a new procurement, there is a risk that staff may not keep the appropriate paperwork or document decisions.
- When a department approves a new supplier, there is a risk that staff may not submit the appropriate paperwork to support the decision.
VAGO also distinguished between approval to enter into a contract and approval of the evaluation panel’s recommendation of a preferred supplier. Based on this, it is recommended that documentation and/or online workflow systems clearly specify which approval is being sought.
Identified Gaps in Procurement Document Approvals
The VAGO report identifies weaknesses in the approval processes for procurement documents. Departments must record approvals at key stages in the procurement process to maintain transparency and ensure compliance with procurement policies. VAGO reported that:
- market strategies for 3 procurements were not approved and of these, one did not get documented approval until the stage for awarding the contract
- one procurement did not have approval for awarding the contract but the tender evaluation team’s report on the outcome of their evaluation was approved
- none of the 8 evaluation plans we looked at were approved.
Effective approval mechanisms are crucial for ensuring that procurement activities are conducted consistently and in compliance with policies and procedures.
Evaluation Criteria
The VAGO report referred to a Victorian Government Purchasing Board (VGPB) procurement guide suggesting that departments include in their evaluation plans the methods for assessing a tender offer against the evaluation criteria. This is important for verifying that the offer meets requirements and informing risk assessments.
VAGO reported that most departmental policies provide guidance about criteria weightings, specifically, “what the procurer must consider when deciding how much weight to assign to due diligence checks when completing a value-for-money assessment.” Clear and well-defined evaluation criteria are essential for ensuring fairness and transparency in procurement decisions. Risks identified through due diligence enquiries and reference checks are often risk-assessed but not typically reflected in the scores for weighted evaluation criteria.
Declaring and Managing Conflicts of Interest
If a conflict of interest is not declared and known, an employee could be biased towards a potential supplier and skew the evaluation process.
Consistent with the VAGO report, before commencing evaluation, all evaluators should complete a conflict of interest declaration, which should be approved by their line manager or procurement evaluation panel manager (as required by their agency policy or the Evaluation Plan). Appropriate strategies to manage declared conflicts should also be documented.
Probity Summary
The VAGO report outlined the following probity principles applicable during the procurement process:
In the procurement process, probity involves:
- making sure processes, actions and decisions are consistent, accountable, transparent and auditable
- keeping complete records and maintaining an audit trail
- communicating clearly and honestly
- making sure checks and approvals are independent
- keeping information secure and confidential
- identifying and managing actual, perceived and potential conflicts of interest.
Conclusion
The VAGO report provides recommendations for strengthening procurement support in Victorian government departments and agencies. By implementing these measures, departments and agencies can enhance the integrity, transparency, and effectiveness of their procurement activities, ensuring value for money and maintaining public trust.
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A participant in the UN Global Compact, CourtHeath seeks to raise awareness about the sustainable development goals and the principles of the Global Compact with business and government organisations in Victoria. The elimination of all forms of discrimination in respect to employment and occupation is Principle 6 of the Global Compact. The Global Compact repudiates labour discrimination internationally.
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