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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