UKGI00006514 - Email from Richard Callard to Stephen Devitt cc Justin Manson re. FW: Extraordinary Meeting of the Post Office Limited Board - 09 Feb 2016.
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From: Callard Richard (ShEx)[/O=BIS PRODUCTION/OU=EXCHANGE ADMINISTRATIVE GROUP
(FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=EFOFAS7983304064B518D3B87774A899-
RCALLARD]
Sent: Mon 08/02/2016 8:43:24 AM (UTC)
To: Devitt Stephen (Legal B'
Ce: Manson Justin (ShEx)[i_
Subject: FW: Extraordinary Meeting of the Post Office Limited Board - 09 Feb 2016
Attachment: TRINITY Board Report February 09 FINAL.pdf
Hi Stephen
As you may have guessed, the further call last week on the POL IT issue did not happen. The attached paper (issued
for a Board call tomorrow) might explain that, as there appears to have been a change of direction, and I wondered if I
could ask for your views on it today? The paper itself is long-ish (25 pages) but some of it is more technical in nature
and probably isn’t as relevant. In short, what they are going to do is put an OJEU out saying they are going to award
an extension to Fujitsu for 3 years (from 2018 to 2021) with two further one year extensions allowed, and will be
relying on s72 of the procurement regs (which takes any challenge period down from 6 months to 30 days).
This would seem to me to be a better option on the basis that:
e Weare being more upfront with people — we are saying “this is what we are going to do, and we think we
have these decent reasons why we don’t think a challenge is worthwhile”, versus “we’re going out to
competition, and nudge nudge, don’t bid”.
e If we are challenged, we are challenged fast, and the award is unwound — I would be interested in your views
as to whether that reduces the penalty for damages and reduces legal risk generally, but it would seem that
logically it would.
Clearly they need a contingency plan if they are challenged, and I will ask them about that, but on the assumption that
they aren’t this seems to offer the best way through. Do you agree?
{I would also like to get your views on the issue of malfeasance in public office. If we go down the path above, to what
extent am I and other directors exposed (1 would like to understand risks, penalties, defences etc).
It would be really helpful if we could speak today if possible — apologies for the short notice but as you can see the
paper was only issue late Friday afternoon when I was already out at meetings at that point and I didn’t really clock it
until the evening.
Many thanks
Richard
From: Samantha Andrews [mailto:
Sent: 05 February 2016 16:09
To: Callard Richard (ShEx); Tim Franklin; Ken McCall
Paula Vennells; Alisdair Cameron; Alwen Lyons; Tim Parker; Virginia Holmes
Subject: Extraordinary Meeting of the Post Office Limited Board - 09 Feb 2016
Dear All,
Please see attached the first paper for the Extraordinary Board Meeting on the 9" February 2016. This paper is
available on Boardpad.
A further two papers are to follow. The first is legally privileged and will be issued today. The second will be issued on
Monday.
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Kind regards,
Sam
Samantha Andrews
Assistant Company Secretary
First Floor, Finsbury Dials
20 Finsbury Street
London
EC2Y 9AQ =
samantha.andre\
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