House of Assembly: Wednesday, July 24, 2013

Contents

GOVERNMENT STATIONERY CONTRACT

Mr PENGILLY (Finniss) (14:56): My question is also to the Minister for Finance. Is the reason the government has not extended the exemption for metropolitan schools from the whole-of-government stationery contract for more than one year because the tender stated 'exclusivity'?

The Hon. M.F. O'BRIEN (Napier—Minister for Finance, Minister for Police, Minister for Correctional Services, Minister for Emergency Services, Minister for Road Safety) (14:57): I think we went through this and there was an issue that the contracts implied one thing, which was seized upon by the unsuccessful tenderer. The advice that I received from crown law was that the tender document was quite specific in exclusivity and, by virtue of the fact that the tender document was quite specific in exclusivity, that flowed to the contract. Even though the contract may not have had a clause stipulating exclusivity to dealing with the two successful tenderers, the tender document on which all parties tendered was quite specific in that regard.