I would actually say that until this case is concluded, the risk of Bromcom losing this legal action means they should be considered less financially stable when assessing based on financial standing in future tenders. Also the figures in that table definitely don’t seem right anyway - look at the net asset value for Advanced for example. Progresso is dropping off for sure, but don’t they have loads of employees/offices? How can their net asset value be lower than Scholarpack?! I’d take that table with a pinch of salt..
I also think Bromcom should watch what they say in response to this. From what I’ve seen so far I don’t think there are some really glaring breaches of the procurement process on UL’s side if I’m honest. UL have run many tenders before and will no doubt have hired highly paid consultants for this, even if Bromcom is right and it was biased in some way I think they are going to have a hard time proving it in court as UL will have covered their bases. It is going to be a long drawn out case, during which time competitors can use this story as ammunition against Bromcom at every stage. I’ve already seen staff from some of their largest customers sharing the article, and as we all know teachers talk.
Bromcom recently released a thing that allows mixed MIS trusts/LAs to dashboard data at a high level. In the future if these two are competing in a tender at a LA/MAT that use that tool couldn’t Arbor challenge the procurement for the same reasons of existing supplier relationships? It’s like the Cold War just got hot and the gloves are off now.
Also Bromcom PR saying:
That seems pretty accusatory of Arbor/UL, potentially even libellous actually. Interesting comment to make when you are about to enter serious legal proceedings, would be surprised if that actual quote wasn’t mentioned in court in some way. The errors in grammar In that statement suggest to me that it probably wasn’t run by legal counsel before it was posted here, bit risky in my opinion and could come back to bite them.
Whatever happens I have my popcorn at the ready, will be a defining moment in the market for years to come.