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MIS Systems Thread, Academies, 'new' SIMS licenses and the EU concept of 'Exhaustion rights' in Technical; Originally Posted by localzuk Ok, an update on this. The IMLS does not cover existing licenses purchased through LEAs etc... ...
  1. #241

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    Quote Originally Posted by localzuk View Post
    Ok, an update on this. The IMLS does not cover existing licenses purchased through LEAs etc... It would simply be a mechanism to prevent a repeat of the issue in the future, should the school status change again.
    This is venturing out of my depth, but that sounds like a major cop out to me! Capita have agreed to be part of a framework that describes this practice as "Patently Unfair" yet they are quite happy to keep doing it to schools that are already customers? The posted document deals specifically with schools opting out of LA control, but I wonder how many schools will actually be able to take advantage of this? It feels to me that in the current education climate this change will benefit very few schools, if any. I understand that it prevents it happening again in future, in other situations, but in that case why draw attention to it and mention opting out of LA control specifically? Isn't that just going to anger all those school who have already/are just about to forked out the money?

    p.s. I may be mis-reading this, and would appreciate any expert guidance, but looking at the following quote from the posted document:

    The reassurance provided by this condition applies where:

    (a) Solutions are procured via the mini-competition process
    (b) Where customers procure directly from the Framework by identifying the best value solution
    (c) Where customers renew with their existing supplier (by identifying the best value solution) specifying the Framework Terms and Conditions


    Can point (c) not be exploited somehow? So a school considering becoming academy would be best advised to renew their LA SIMS license before converting, specify the Framework Terms and Conditions, then convert and save some pennies?

    Timing is everything it seems!
    Last edited by Ecclesbury; 17th April 2012 at 08:47 AM.

  2. #242


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    Quote Originally Posted by Ecclesbury View Post
    Can point (c) not be exploited somehow? So a school considering becoming academy would be best advised to renew their LA SIMS license before converting, specify the Framework Terms and Conditions, then convert and save some pennies?
    Good thinking. presumably you could go through the competition/tender process at any point as if you were choosing a new system.

  3. #243

    localzuk's Avatar
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    Quote Originally Posted by Ecclesbury View Post
    This is venturing out of my depth, but that sounds like a major cop out to me! Capita have agreed to be part of a framework that describes this practice as "Patently Unfair" yet they are quite happy to keep doing it to schools that are already customers? The posted document deals specifically with schools opting out of LA control, but I wonder how many schools will actually be able to take advantage of this? It feels to me that in the current education climate this change will benefit very few schools, if any. I understand that it prevents it happening again in future, in other situations, but in that case why draw attention to it and mention opting out of LA control specifically? Isn't that just going to anger all those school who have already/are just about to forked out the money?

    p.s. I may be mis-reading this, and would appreciate any expert guidance, but looking at the following quote from the posted document:

    The reassurance provided by this condition applies where:

    (a) Solutions are procured via the mini-competition process
    (b) Where customers procure directly from the Framework by identifying the best value solution
    (c) Where customers renew with their existing supplier (by identifying the best value solution) specifying the Framework Terms and Conditions


    Can point (c) not be exploited somehow? So a school considering becoming academy would be best advised to renew their LA SIMS license before converting, specify the Framework Terms and Conditions, then convert and save some pennies?

    Timing is everything it seems!
    It isn't 100% clear from their site to be honest, so I emailed them. Their response was:

    The charge will not occur in future circumstances if your establishment purchases through the Framework. As your present contract is outside the framework then the terms do not apply.

  4. 2 Thanks to localzuk:

    Ecclesbury (17th April 2012), vikpaw (24th April 2012)

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    Thanks again @localzuk

    Seems that the implication in their response then is that if your contract is 'inside' (as it were) the framework then you're onto a winner. So it depends how they define 'inside'...

    If only there were more clarity is this world!

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    Quote Originally Posted by Ecclesbury View Post
    Thanks again @localzuk

    Seems that the implication in their response then is that if your contract is 'inside' (as it were) the framework then you're onto a winner. So it depends how they define 'inside'...

    If only there were more clarity is this world!
    From the further parts of the email I have, it appears that they say that basically old contracts don't get cover from it, however the new framework could be used as leverage to try and get some goodwill else we could run a full procurement exercise under the new agreement to get a better deal from them.

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    Quote Originally Posted by localzuk View Post
    From the further parts of the email I have, it appears that they say that basically old contracts don't get cover from it, however the new framework could be used as leverage to try and get some goodwill else we could run a full procurement exercise under the new agreement to get a better deal from them.
    So it is a case of 'you will feel some pain but only this once'.

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    More like a case akin to getting a new mobile phone contract: Phone the cancellation line and wait for some freebies to be thrown in...

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    Quote Originally Posted by GrumbleDook View Post
    So it is a case of 'you will feel some pain but only this once'.
    True, now that the cookie jar is closed, no more bruised fingers for Capita!

    Chortle.

    I jest, sorry that was below the belt!

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