Probity Lawyers
We understand the significant scrutiny placed on government procurement processes and spending and the importance of reliable and timely probity advice throughout the lifecycle of the procurement process to ensure government decisions are appropriate and defensible, and to avoid and manage any challenge.
We ensure peace of mind throughout the procurement process and beyond by providing clear, robust and well-considered probity advice and services. Our Directors, Paul Muscat and Craig Tanzer are long-term probity practitioners in Queensland and have acted as probity advisers for the Commonwealth, State and many local governments in relation to numerous significant infrastructure asset development and other significant projects. Paul and Craig have also delivered training and seminars on probity to government and government entities to assist their clients with understanding probity, it’s importance and how to manage and deliver their probity obligations whether internally or through our services.
Experienced Probity Advisers
As probity advisers, our role is to ensure that the integrity of a procurement process is maintained and remains fair to ensure value for money and market confidence, and proceeds without attracting adverse publicity or challenge, which could damage the reputation of the procurer. We ensure that confidence in the market process is maintained, preventing any subsequent frustration or increased costs associated with implementing policies or programs that may be necessary as a consequence of conducting a process which offends probity principles. It is also essential to avoid situations that might lead to a critical auditor’s report or a parliamentary committee inquiry. We work to ensure that the process is not tainted to the extent that a Court, the procuring government entity, or a Minister requires it to be conducted afresh or abandoned, which would waste valuable time and resources. Additionally, we strive to prevent disciplinary actions, court proceedings, the possibility of damages being awarded to tenderers, and any criminal proceedings from being instigated.
Our expertise
- Providing advice with respect to the procurement process and how to ensure that the process is compliant with legislation, policy and the probity principles.
- Drafting probity plans, processes and protocols to follow and provide guidance.
- Advising on the role of the probity adviser and project and evaluation personnel.
- Advising on confidentiality and security, conflicts of interest, contact and communications, media, gifts and hospitality and offers of employment.
- Drafting confidentiality deed polls and conflict of interest declarations.
- Providing probity advice and briefings as probity adviser.
- Attending site visits and any other meetings with tenderers or respondents as probity adviser.
- Attending evaluation committee meetings as probity adviser and providing advice throughout.
- Facilitating the correct opening of tenders and responses.
- Drafting or reviewing answers to requests for clarification.
- Providing comprehensive advice on probity-related risks and their management throughout the procurement process.
- Providing probity reports at the conclusion of a procurement process, or stages of the process as required.
- Advising on whether a process is defensible from a probity perspective and whether there are any outstanding probity issues.
- Undertaking probity audits and advising on recommended improvements.
- Providing probity training to our government clients.
Project Highlights
Probity
Paul Muscat acted as probity adviser to the Commonwealth Department of Defence for a variety of infrastructure asset development projects. As probity adviser Paul provided probity planning advice, reviewed all project delivery documentation, attended tender evaluation board meetings, briefed tenderers at industry briefings provided general probity advice and prepared probity reports.
Development Precinct Probity Advice
We acted as probity adviser to a local government in relation to the procurement process for a development precinct which is in a designated priority development area. We advised the local government on whether there were options available to alter the process without giving rise to a challenge to the process, and if so, what options were available and how they could be implemented. Our advice also included consideration of probity principles, process contract issues, and other risks of challenges to the process pursuant to the local government’s legislative obligations, process contact and probity principles.
Procurement Process Probity Audit
Craig Tanzer and the team undertook a probity audit for a local government in relation to a significant procurement process involving multiple stages of market engagement. In undertaking the probity audit, the team reviewed the expression of interest submissions, tender submissions, evaluation panel confidentiality deed polls and conflict of interest declarations, clarifications, correspondence and evaluation panel scorecards, and ran calculations on the scorecards to assess their accuracy. In addition to a comprehensive probity audit report, we provided well considered, strategic advice for the local government on how to handle the probity matters concerning the procurement moving forward. We also provided general recommendations to the local government to ensure that their procurement processes are ‘air-tight’ moving forward.
Probity Adviser – Various Major Projects
Paul Muscat, Craig Tanzer and team have acted and continue to act as probity advisers to our clients on multiple large-scale procurements. Our involvement includes preparing probity plans and protocols, preparing conflict of interest declarations and confidentiality deed polls, reviewing market approach documentation, attending site visits and evaluation meetings, providing probity briefings, advising our clients with respect to requests for clarification, preparing probity reports and providing probity advice with respect to any other issues that may arise. For example, we acted for an alliance of three local governments in a multistage procurement to procure a Material Recovery Facility. Paul Muscat and Craig Tanzer prepared detailed probity plans and reports for each stage of the procurement and provided ongoing probity advice over the seven-year project.
Queensland Government Branch Probity Workshops
Paul Muscat and Craig Tanzer have delivered numerous probity workshops to Queensland Government agencies. The workshops provided a background on what probity is and how it should be managed during a procurement process, together with practical steps and case law examples to guide workshop participants.
