2022-10-11 Services & Organisation Committee Agenda

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA   11 OCTOBER 2022


                                                        Attachment 2




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SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                                        11 OCTOBER 2022

                                                                                                 Attachment 2

      Attachment 2 - Probity Advisor's Report
                                                                                Presfen

                                           CONTRACT NO: T000074
                         NOOSA NORTH SHORE VEHICLE FERRY SERVICE TENDER

                                         PROBITY ADVISOR’S REPORT

            1      On 29 April 2022, Preston Law was instructed to act on behalf of Noosa Shire Council
                   (“Council”) as Probity Advisor for the procurement process associated with Contract No:
                   T000074 Noosa North Shore Vehicle Ferry Service (“the Procurement Process”).

            Brief and Scope of Engagement

           2.      Preston Law was briefed with the following documents:

                   (a)    Invitation to Tender;

                   (b)    Procurement Process Conditions;

                   (c)    Procurement Plan;

           3.      The scope of our engagement was:

                   (a)     to review the documents with which we were briefed;

                   (b)     to be available to attend, via video conference, meetings of the Evaluation Panel as
                           requested by the Evaluation Panel;

                   (c)     to be available generally to answer any questions raised by tenderers, members of
                           the Evaluation Panel, Council staff or any other participants in the Procurement
                           Process;

                   (d)     otherwise as set out in Council's Procurement Probity Plan.

            Summary of Observations

            4.     Possible Perceived Conflict of Interest

                   (a)     On 16 May 2022, Denis Wallace emailed Julian Bodenmann requesting his advice
                           about 2 possible conflict of interest issue involving a member of the Evaluation Panel
                           and one of the tender respondents.

                   (b)     The issue was raised by the affected member of the Evaluation Panel by email to Denis
                           Wallace on 12 May 2022.

                   (c)     On 16 May 2021, Julian Bodenmann provided advice by email to Mr Wallace in
                           response to the query, in which he concluded that he believed no real or perceived
                           conflict of interest arose, but the affected Evaluation Panel member may wish to
                           disclose a possible conflict of interest.

            Noosa Shire Council — Probity Advisor's Report — Contract No T000074                     1
            0080002_221357_003.docx

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