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2022-10-11 Services & Organisation Committee Agenda

of 75

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SERVICES & ORGANISATION COMMITTEE MEETING AGENDA   11 OCTOBER 2022




                                                       Page 14 of 75

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                                   11 OCTOBER 2022

                                                                                esi LAW

       5.     On 29 September 2022, Marina Dunstan was provided with a copy of the Evaluation
              Workbook and NNS Ferry Service Tender Report (“Council Report”) proposed to be presented
              at the Council Meeting on 11 October 2022.

      6.      The Council Report sets out the action proposed to be taken in respect of NNS Ferry Service
              Tender. This proposed action is consistent with the Procurement Process Conditions and is,
              in Preston Law’s view, fair and equitable having reviewed the Evaluation Panel's comments
              regarding the tender responses.

       Limitations

      7.      Preston Law has not attended any of the moderation sessions of the Evaluation Panel or
              undertaken any assessment of the Tender responses.

       Conclusion

       8.     Having regard to the Probity Requirements set out in the Procurement Plan, and principles of
              probity in procurement generally, Preston Law confirms that:

              (a)    There was nothing observed about the Procurement Process that caused concerns
                     from a probity perspective; and

              (b)    We are not aware of any probity issue that would limit Council's ability to receive the
                     Council Report.

       Statement of Impartiality

      9.      Preston Law, in particular Julian Bodenmann and Marina Dunstan, do not have any pecuniary
              or other interest either directly or indirectly in any of the tenders received by Council or in the
              outcome of the Procurement Process.

         SIGNED

              Lhe

         For and on behalf of
         PRESTON LAW (Probity Advisor)

         Dated 29 September 2022

      Noosa Shire Council — Probity Advisor's Report — Contract No T000074                     2
       30080002_221357_003.docx

                                                                                          Page 14 of 75
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