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2. It is not clear to us why Ayanda appears to have been offered such

favourable terms when compared to the contracted entered into by Pestfix

and Clandeboye (and those others). Please can you confirm by return a)

whether any other supplier was offered the favourable terms offered to

Ayanda; and b) what is the Defendant’s justification to offer such

favourable terms to Ayanda.

We also note that para 4.2 of the Ayanda contract states:

Without prejudice to Clause 4.1 any samples, drawings, descriptions or

other information or items made available by or on behalf of the Supplier

(in the past or future) have been produced for the sole purpose of giving an

approximate idea of the Products described in them and shall not form part

of the Contract.

This again can be contrasted with the contract in Pestfix and Clandeboye, which do

not include any exemption. This is particularly striking as it is our understanding

that it is standard practice within NHS procurement to contract with a supplier

following the delivery of a sample, and to test all future deliveries against that

sample to ensure that the quality is being maintained in later deliveries.

3. Please can you confirm a) whether samples were provided by Ayanda prior

to this contract being entered into; and b) whether samples were retained

for future testing against later deliveries.

4. It is also not clear to us why Ayanda again appears to have been offered

such favourable terms when compared to the contract entered into by

Pestfix and Clandeboye (and others). Please can you confirm by return a)

whether any other supplier was offered the favourable terms offered to

Ayanda; and b) what is the Defendant’s justification to offer such

favourable terms to Ayanda.

We would be grateful if you would respond within 7 days, i.e. by 10 September

2020

Yours faithfully

ROOK IRWIN SWEENEY LLP