RE: DHSC dispute linked to GLP judicial review??7 Oct 2021 17:57
I have just trawled through the contract in search of the "troublesome clause" Poidster mentioned in his post on this topic at weds 21.21 without finding it. "troublesome clause in the contract though, I'm not quoting verbatim and I really cba looking now but it states that the original contract was for supply of exsig or any subsequent improved products."
The timing of events seems to support the gist of the suppositions though:
11 Nov Mullis 65,000 share purchase at 817p along with other directors buying on 12th.
16 Nov ProMate launch announced in R&D update RNS.
How did it go down at the DHSC?
Under the contract invoices were due to be raised on 1st & 15th of each month to be paid in 7 days. Payments were running through regularly according to FoI data on government spending. I'm not sure what the dates refer to but a usual payment was made on Thursday 29th Oct (i.e. 15 Oct inv date + 7 days + 7 ?), and Thursday 12th Nov (1 Nov inv + 7days + 5?) but then the pattern breaks down. NCYT was paid for the 15 Nov inv on Sunday 29th Nov NOT Thurs 26th suggesting the payment was pulled from the normal run & processed manually somehow. No subsequent payments were made until 24 Feb.
It looks like it went sour when PROmate launched.
Here's Poidster weds 21.21 post for ease:
@Kaeren, spot on, agree with everything you have said, what I've said about the dispute is pure conjecture on my part, I know no more than any poster on here.
I think there is a troublesome clause in the contract though, I'm not quoting verbatim and I really cba looking now but it states that the original contract was for supply of exsig or any subsequent improved products.
In my view Novacyt have done nothing wrong, they supplied what was ordered and delivered it.
They then developed a superior, easier to use product, promate, which again was duly despatched and indeed used and more has subsequently been ordered, so it clearly works. I suspect Novacyt wanted paying for the initial promate replacement, DHSC will argue that it was an improved product and should be covered under the original contract. Again pure speculation on my part. The last time I posted this my post was deleted, so fully expecting the same with this.