RE: DHSC Expiry ‘clarification from Walbrook25 Nov 2021 14:39
Well, even taking that at face value, all you can say is that ODX was assuming an extension and ODX THOUGHT that the DHSC was assuming an extension. We don't have any quote from DHSC. What we do know is that an extension was not forthcoming.
Either ODX misread DHSC's stance, DHSC changed their mind, or led ODX a merry dance.
"To then state expired seems a bit of a jump?"
That's the terms of the contract, its not a jump, its what the contract says happens. Various branches of HMG have been writing contracts since the big flood, they know exactly how to frame conditions to suit them. ODX, unless I'm mistaken, this was the first time they signed a contract directly with HMG (for the RTC, ABDX was the lead).
Conjecture time..... at the time of signing ODX assumed British sourced tests was the HMG plan A, and as long as ODX acted in good faith, they would be making test. On that basis ODX might not have see a credible scenario where phase 2 would not occur, and did not look into all the "outs" in the contract for HMG.
It appears clear that far from being Plan A, the ODX contract, along with others were backup or at best "fill in" Plans, and HMG built in the usual get outs such that if Plan A or Plan B worked, they did not need to execute the ODX contract. And HMG were happy to pay £3M plus buy some equipment for the priviledge, given they were throwing many £Bs at Plan A.