Bromcom Computers Plc v United Learning Trust & Anor [2022] EWHC 3262 (TCC) (19 December 2022)

Bromcom Computers Plc v United Learning Trust & Anor [2022] EWHC 3262 (TCC) (19 December 2022)

The court held that United Learning Trust did not commit a manifest error or breach in adding £42,000 to Bromcom's costs for face-to-face training for growth schools, as the procurement documents required such costs to be included and UL acted fairly and rationally. However, the court found that UL made a manifest error in adding £4,405 to Bromcom's costs for data warehouse integration without seeking clarification, as Bromcom's bid indicated the cost was included. The court also found a manifest error in failing to add £7,539 of legacy costs to Arbor's bid. The court rejected Bromcom's other challenges to the scoring methodology and found that the breaches identified were not...

Citation
[2022] EWHC 3262 (TCC)
Parties
Claimant: Bromcom Computers Plc; First Defendant: United Learning Trust; Second Defendant: United Church Schools Trust
Jurisdiction
England and Wales
Judgment Date
19 December 2022
Procedural Posture
Procurement Challenge (claim for Damages Only) / High Court Judgment on Liability and Causation
Outcome
Claim dismissed
Legal Topics
Public Contracts Regulations 2015, Procurement Scoring Methodology, Limitation Periods, Damages for Breach of Procurement Rules, Bid Evaluation, Equal Treatment and Transparency
Public Procurement Contract Law Public Contracts Regulations 2015 Procurement Scoring Methodology Limitation Periods Damages for Breach of Procurement Rules Bid Evaluation Equal Treatment and Transparency

Case Brief

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Parties

Bromcom Computers Plc

Claimant

United Learning Trust

First Defendant

United Church Schools Trust

Second Defendant

Procedural Posture

Procurement Challenge (claim for Damages Only) / High Court Judgment on Liability and Causation

Legal Issues

  1. 1 Whether the defendants breached the Public Contracts Regulations 2015 in the procurement process for a cloud-based Management Information System (MIS)
  2. 2 Whether the scoring of bids, including cost and quality elements, was conducted lawfully and transparently
  3. 3 Whether the addition of certain costs to Bromcom's bid and the failure to adjust Arbor's costs constituted manifest error

Ratio Decidendi

The court held that United Learning Trust did not commit a manifest error or breach in adding £42,000 to Bromcom's costs for face-to-face training for growth schools, as the procurement documents required such costs to be included and UL acted fairly and rationally. However, the court found that UL made a manifest error in adding £4,405 to Bromcom's costs for data warehouse integration without seeking clarification, as Bromcom's bid indicated the cost was included. The court also found a manifest error in failing to add £7,539 of legacy costs to Arbor's bid. The court rejected Bromcom's other challenges to the scoring methodology and found that the breaches identified were not...

Court Disposition

Claim dismissed

Orders

  • Claim for damages dismissed
  • No order as to damages or further relief