How to Write Guidelines on Probity in Procurement

Writing practical guidelines for probity in procurement can feel daunting. You need to cover ethics, fairness and compliance – but in a way that busy staff can understand and apply in real situations.

Clear guidance helps organisations demonstrate that decisions are made transparently and in the public interest, not just “by the book”.

A Probity Refresher

Probity is about evidence of ethical behaviour, not just good intentions. In a procurement context, it’s often expressed through principles such as:

• Acting fairly, impartially and with integrity.
• Being accountable and transparent in decisions.
• Complying with laws, regulations and internal policies.
• Identifying and managing conflicts of interest.
• Protecting confidential and commercially sensitive information.

These principles apply across the entire lifecycle – from planning a procurement to managing the eventual contract.

The Strengths and Limits of Guidelines

Probity guidelines are an important part of a broader governance framework. They set expectations, explain rules and give staff reference points for everyday decisions.

However, written guidance has limits. It can’t anticipate every situation or remove the need for judgement. Two areas where guidelines can fall short are:

• Grey areas: Situations where the rules don’t set out a clear answer and staff need to think through what’s fair and defensible.
• Outcome quality: Focusing solely on compliance without considering whether the process leads to the best overall result.

Dealing with Grey Areas

Even when staff follow rules like “get three quotes”, it’s still possible to behave in ways that undermine fairness. For example, selectively coaching one supplier to improve their price after seeing others’ bids may tick a procedural box while clearly breaching the spirit of probity.

Good guidelines don’t just list steps. They invite staff to pause and ask questions such as:

• Would I be comfortable explaining this decision to an auditor or in public?
• Have all potential suppliers been treated consistently?
• Could this be perceived as favouritism or manipulation?

Including realistic scenarios and discussion prompts helps people recognise when a seemingly minor choice could have significant probity implications.

Writing Effective Probity Guidelines

When developing or updating your probity guidelines, aim to:

• Use plain language rather than legal or technical jargon.
• Connect abstract principles to everyday decisions and examples.
• Explain not just what to do, but why it matters.
• Clarify where staff can go for advice or escalation when they’re unsure.
• Align with related policies (procurement, conflicts of interest, gifts and benefits, information security).

Bringing Guidelines to Life

Probity guidelines work best when they are treated as a living resource. That means:

• Embedding them into training, induction and refreshers.
• Referencing them during planning and debriefs for high-risk procurements.
• Reviewing and updating them in response to audit findings or new legislation.

By combining clear written guidance with a culture that takes probity seriously, organisations can give staff the confidence to act ethically – and the evidence to demonstrate that they have.