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J(d) Relationships should not lead to corruption;

(e) SRM will allow free flow of ideas and feedback;

(f) Strengthens continuous improvement and enhances trust;

(g) This exercise is deemed to be one of critical drivers of supplier development.

IV. TENDERING DO’S AND DON’TS

(a) Open clarifications window before tender submission deadline; (b) Clarifications are better done in writing for data capturing and during evaluations clarifications should be handled uniformly;

(c) Site inspections or pre-briefing meeting timing should clearly stipulated, whether compulsory or not; (d) Record-keeping of minutes, registers for all meetings;

(e) Outline tender opening schedule process and in case of e-submissions, public opening procedure should be communicated;

OHANNESBURG – Law firms RH Lawyers and Attorney Richard Spoor have initiated a class action lawsuit in the South High Court in Johannesburg against Johnson & Johnson, Ethicon, Coloplast and Nuangle over pelvic mesh devices that they contend were defective and caused injuries.

The pelvic mesh devices in question are surgically implanted into the vaginal or pelvic region for the treatment of pelvic organ prolapse (POP) and stress urinary incontinence (SUI).

The matter between the firms and the companies has been on the table since at least 2021, but RH Lawyers and Spoor said in a statement last Wednesday that they were ready to pursue the class action suit.

Misled

(f) Ensure the safety of bids;

(g) Evaluation preparatory meetings are highly recommended where the project leader can take the evaluators through what the project is about before bids are evaluated;

(h) Clarifications during evaluations should be uniform;

(i) Communicate with tenderers when tender validity period elapses;

(j) Performance Reviews, de-briefing and evaluation feedback;

(k) Payments as stipulated on agreement or contract;

(l) Allow Suppliers to rate you as a client – A Supplier Preference model can be used for this exercise.

‘DO NOT’

(a) Alter tender requirements after submission;

(b) Any arithmetical errors should be communicated with bidders; (c) In case of public procurement, Intention to award should be shared with all tenderers;

(d) Embarking on a procurement process without securing funds; (e) Cancel a tender without notifying tenderers;

(f) Negotiate to corner a supplier (Win-lose situations);

(g) Exaggerate tender security bonds an performance bonds;

(h) Change Specifications during Evaluations;

(i) Alter evaluation criteria during the Evaluations.

In ending, it is advisable that as procuring entities we try and understand what suppliers/tenderers go through when responding to proposals or opportunities.

These are aspects of Eligibility that are stringent, some are barriers to competitive tendering which must be interrogated before floating a Tender document. Moreover, it is easy for a buying organisation to cancel a Tender willy-nilly if they do not appreciate the efforts suppliers exert in order to come up with a response to a tender.

Ethicon and Johnson & Johnson have already been ordered to pay US$1.7 million (R31 million) to three women in Australia after a court in that country determined that the companies misled patients and surgeons about the risks of using the devices. Supporting affidavits from nine women were also provided to the court. A full bench of the Australian High Court dismissed the companies’