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Agreed, I suspect the extension ran out rarlier this month. Day before interim they check if it will be extended - DHSC won’t confirm, thus legally its ended.
Suggests eitger:
* ODX are not hot on managing contracts - this doesn’t sound a very Colin type action tbh
* exrensions before have been added later, thus meaning a short period where no contract technically in place
* DHSC waited for months for Mologic test to be approved and still nothing
The FOI request will be interesting but not sure you will learn much that can be used against ODX legally.
Yes because the contact evidently make it incumbent on the DHSC to issue extension notices which they have failed to do. I maintain an oversight but a contract term is a contract term and once a lawyer advises you that technically this means the contract had lapsed his hand was forced. You or I may have handled things differently but what has he done wrong, legally?
@BigBangs: "That leaves him in a position to put the train back on the rails and we can all cheer."
Could he really continue if he has announced to the world that Omega's biggest ever contract had expired when he wasn't 100% sure it had, and it turns out it had not, wiping £20M off the value of his company?
That leaves him in a position to put the train back on the rails and we can all cheer.
@Sneakysimon,@Klein57: i find it incredible we are in this position, when the contract is so clear regarding governance, check points, reviews etc.
My opinion is with @bigbangs , no one at the DHSC was willing to confirm the extension probably in fear of being becoming accountable for something, and Colin was forced to take legal advice, and make the statement he did.
It wouldn’t surprise me (as nothing surprises me with ODX anymore) if Colin rocks up next week and says the DHSC have now confirmed the extensions
Where does that leave Colin, officially he did nothing wrong , reported what he had to, when he had to, but look at the consequences
If I take my optomistic hat off, the most likely event is that the extension was to a date pre 25th November, but ODX assumed it would keep rolling (maybe it got extended regulalry?) and when Colin went to check, they wouldn’t confirm - but hard to say if expired or about to expire?
As Colin said:
“ Clearly we have their
equipment on the site and if the situation
changed for them in theory they could ask us to
make a test for them but I would not count on it”
Certainly seems like they have not had official negative confirmation, its Omega’s view the contract has ended.
I am taking that at face value, but it does seem a change in comms from ODX.
Thanks for the information SneakySimon. The inference is that if Omega had not gone chasing certainty, the SP would not have suffered as it did. The DHSC are still on the fence but CK has concluded that the contract has ended - that’s not why the DHSC said. Events since Thursday May yet breath life into this but a conciliatory approach may work better that big footed impatience.