Bromcom are at it again

[zendenTechy]

https://schoolsweek.co.uk/software-supplier-takes-legal-action-against-second-trust/

 

It looks like Bromcom are taking another trust to court after losing out on procurement

 

I cant for the life of me believe this is a sound medium or long term strategy for them. What are they expecting to get from this other than long term damage to their reputation?

 

For those that are not aware of the history: http://www.edugeek.net/forums/mis-systems/217972-disappointed-bidder-sues-mat-after-mis-tender-failure-3.html

[Wubbalubbadub]

I'm all for fair procurement. They obviously don't feel something went fair to feel they have a case!

 

But how can they survive this from a PR perspective is bewildering!

 

Bad timing too, with the ESS mess, I hope this doesn't put off any trusts or schools from moving MIS.

[Koldov]

Possibly won't stop a school moving MIS.

 

But it should absolutely stop them asking Bromcom for a quote/invite them to tender.

[Ditto]

Great timing - not! The product is clearly good enough to win plenty of market share in it's own right. There's a dinosaur rampaging at the moment and we all know the reaction. Win or lose the court case, they'll lose reputation and that'll cost them.

[TechMonkey]

The problem is, if the schools or Arbor are doing it wrong, & I mean full on wrong, then they should be pulled up on it. And we all know schools are not the greatest at following processes they should. If it is just a technicality then I think that is bad form on Bromcom's part.

[StevieM]

Bromcom said it had only taken legal action as a “last resort” and had “on a small number of occasions challenged apparently unlawful procurement practices to make sure taxpayers secure value for money”.

 

By suing MATs?

 

If they win then donate the money they are awarded back into schools, then I may believe that they are doing this in the interest of taxpayers.

[jmak]

Possibly won't stop a school moving MIS.

 

But it should absolutely stop them asking Bromcom for a quote/invite them to tender.

Presumably selecting who to invite to tender is part of the tender process that must be fair....

 

So add a requirement that says "minimise risk of school being sued". [emoji57]

[msi_school]

By suing MATs?

 

If they win then donate the money they are awarded back into schools, then I may believe that they are doing this in the interest of taxpayers.

 

If organisations are cheating on a procurement, they are not doing that in the best interest of taxpayers and what else are they cheating on?

Edited November 22, 2021 by msi_school
Typo

[Koldov]

So add a requirement that says "minimise risk of school being sued". [emoji57]

 

I'd say that was 'fair'...

[3s-gtech]

This may be an indexed forum, so be careful when commenting if they're feeling litigious.

[Ditto]

Presumably selecting who to invite to tender is part of the tender process that must be fair....

 

So add a requirement that says "minimise risk of school being sued". [emoji57]

 

You read my thought process!

[localzuk]

I think I expressed myself on this topic previously. Not a fan of companies suing groups of schools when they lose a contract. It may be legitimate, but it will definitely leave a bad taste in the mouths of people deciding in future.

[Primus]

I think I expressed myself on this topic previously. Not a fan of companies suing groups of schools when they lose a contract. It may be legitimate, but it will definitely leave a bad taste in the mouths of people deciding in future.

 

But, on the flip side, if you're a company and you're missing out on business because schools are not following the correct procurement processes and they're potentially breaking the law what do you do? You can't just sit back and watch as your company suffers.

 

Damned if they do, damned if they don't.

 

I'm not a massive fan of Bromcom for other reasons but I can't see that they would take this action lightly.

[msi_school]

There may be a reputation hit from these action but if they are proven to be the injured party a MAT has broken the procurement policies. This would put Bromcom in the same place as a NM or DPO struggling to enforce security policies not money grubbing.

[Oaktech]

This may be an indexed forum, so be careful when commenting if they're feeling litigious.

 

They're also very active on the forum... I've had them turn up on my posts going 'how can we help you' if I've had a bit of a moan...

[mthomas08]

 

Bad timing too, with the ESS mess, I hope this doesn't put off any trusts or schools from moving MIS.

 

It makes people like me sway towards tendering other companies and avoiding Bromcom. There are certainly enough to avoid a few.........

 

As long as we follow the tender process which we would do anyway.

 

You also have to think about relationship and trust. Look at at EES with that contract and blog..

Edited November 25, 2021 by mthomas08

[dmj]

Everyone now adds a criteria of "likelyhood of being sued by vendor" to their tender process, gives it a high weighting.