CCS Media brings proceedings against government agency

Court documents seen by CRN will invite inference that VAR is latest legal challenger to incoming £6bn Technology Products framework

VAR CCS Media has brought proceedings against the Crown Commercial Service, court documents show, inviting the assumption that it is the latest legal challenger to the government's incoming Technology Products framework.

The government informed suppliers on 8 October that the £6bn commodity IT framework had suffered a second legal challenge, but did not say from whom.

The latest delay raised concerns that Technology Products will not go live before the current vehicle, CITHS, expires on 31 October.

A case between CCS Media and the Crown Commercial Service is referenced under 3 October in publicly available documents, seen by CRN, in the Technology and Construction Court.

Although the nature of the case was not disclosed, 3 October was the last day of the second aborted standstill period for the framework. The Cabinet Office confirmed it received the second legal challenge during this second standstill period.

Terry Betts, managing director of CCS Media, would not comment other than to say: "We have brought it to a satisfactory conclusion."

This is not the first lengthy delay to Technology Products, which has an estimated purse of £4bn to £6bn and can be used by all public sector buyers. Some 76 suppliers submitted bids for the framework, which was originally set to go live on 15 September.

Following an initial legal challenge to the framework in mid-September, the government reviewed the outcome and decided to round the scores of all bids to the nearest whole number. The resulting tie this created in Lot One led it to add five suppliers in the form of Misco, ANS, Software Box, Supplies Team and Centerprise.

Dialogue CRN has had with the Technology and Construction Court may also shed some light on the identity of the first challenger. According to a representative of the court, a legal challenge was brought against the Cabinet Office, of which the Crown Commercial Service is an executive agency, by Misco on 15 September. Although again the details of the case are not publicly available, that date was the last day of the first aborted standstill period for the framework. And Crown Commercial Service wrote to suppliers just a day later to inform them of a legal challenge.

One supplier, who wished to remain anonymous, said the Crown Commercial Service had "opened the door to legal challenges by what looks to everyone like caving in over the first dispute".

He added: "It's very frustrating and irritating and unfortunately I think avoidable because the process has taken at least 18 months to get from the starting plan through to this stalled award decision, and as much as we have sympathy for it being a long and arduous process, I think it must have been an avoidable situation to leave it so late."

A Cabinet Office representative did not offer an updated statement, but previously said: "We can confirm that we have received a legal challenge in respect of the Technology Products agreement during the standstill period. We are reviewing our position and will update suppliers in due course. We are also exploring options to ensure continuity of service for our customers."

Misco declined to comment.