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ARTICLE · 08 FEBRUARY 2023

A Reminder Of Some Basic Procurement Traps: Bromcom Computers PLC v United Learning Trust [2022]

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In the recent case, Bromcom Computers Plc v United Learning Trust [2022] EWHC 3262 (TCC), the Defendant, United Learning Trust ("ULT"), conducted a competitive dialogue procedure for the award...

United KingdomGovernment, Public Sector
Christopher Brennan
Christopher Brennan
Philipp Borisov
Philipp Borisov
Alison Richards
Alison Richards
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In the recent case, Bromcom Computers Plc v United Learning Trust [2022] EWHC 3262 (TCC), the Defendant, United Learning Trust ("ULT"), conducted a competitive dialogue procedure for the award of a five-year contract to supply a cloud-based Management Information System for use by 57 of its academies. After shortlisting two companies for the final stage of the procurement process, ULT awarded the contract to Arbor Education Partners Limited ("Arbor"), who already provided a similar service to 15 of ULT's academies under a separate contract outside the scope of this procurement.

The Claimant, Bromcom Computers PLC ("Bromcom"), contended that ULT had committed several breaches of the Public Contracts Regulations 2015 ("Regulations") and that, absent those breaches, Bromcom would have been awarded the contract instead of Arbor. More specifically, Bromcom alleged, among other things, procedural improprieties in the way the procurement was carried out, as well as

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