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ANPR maker Neology sues Newcastle City Council after failing to win 'air quality' snoopcam project bid

(2020/08/17)


Facial-recognition tech firm Neology is suing a bunch of town and city councils in the UK after it failed to win a contract to install ANPR cameras across the North East.

Neology has filed a High Court claim against the councils of Newcastle, Gateshead, and North Tyneside after it lost out on a five-year maintenance agreement for an "air quality monitoring" suite in each of the areas.

"The purpose of the procurement was to appoint a contractor to provide the defendants with ANPR cameras and the associated local systems, in respect of a Clean Air Zone," said Neology's particulars of claim.

Redacted court documents obtained by The Register revealed that Neology filed suit on 26 June after its bid lost to Siemens Mobility Ltd earlier that month.

Neology was the company that installed ANPR in Sheffield a few years ago. Although it ceased to be involved with that system later on, its control dashboard was left unsecured [1]until The Register was tipped off to its online whereabouts – and the exposure of nearly nine million road journey logs.

Nine million logs of Brits' road journeys spill onto the internet from password-less number-plate camera dashboard [2]READ MORE

The ANPR maker is claiming that Newcastle City Council failed to provide detailed enough reasons for scoring Neology below Siemens. It also claims that the council improperly scored its bid lower than it should have when assessing which software suites it would use.

Referring to another section of Newcastle's feedback, Neology said in its filings: "Importantly, the feedback for this question does not state that Neology's tender had failed to comply with the requirements of the procurement."

In its latest defence document, filed this week, Newcastle City Council said "in the context of the Mini-Competition the reasons provided to Neology complied with the [Public Contracts Regulations] and were lawful".

While the council did admit that Neology submitted a 68-page "commissioning manual" to meet a specific tender requirement, the council denied that the ANPR firm was "entitled" to have that "taken into account" for the scoring of its bid.

Referring to the software-specific parts of Neology's bid, the council also denied...

... that these brief details [submitted by the ANPR firm] constituted a satisfactory explanation of how the software required for delivery of the services would be developed and integrated to ensure successful performance. It is averred that the details provided in respect of these matters in the tender response, which in the context of [tender document question 1] and the requirements of the procurement were of significant importance, were brief and limited.

Parts of the particulars of claim explaining exactly which software suites Neology intended using and whether these were "off-the-shelf" products had been redacted. The total value of the claim was also redacted. Such heavy redactions are unusual in High Court cases being heard in public.

North Tyneside Council and Gateshead Metropolitan Borough Council both filed defences stating that they neither ran the procurement competition nor are party to the ANPR contract. Both councils said that Newcastle City Council "was not conducting the Mini-Competition [procurement exercise] for, or on behalf of" either local government body.

The case continues. ®

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[1] https://www.theregister.com/2020/04/28/anpr_sheffield_council/

[2] https://www.theregister.com/2020/04/28/anpr_sheffield_council/

[3] https://whitepapers.theregister.com/

Meanwhile...

Paul 195

Central government continue to dish out lucrative contracts to their mates without any scrutiny, because the pandemic makes it more important than ever to throw money at the incompetent rather than letting local governments or hospitals scale up the things they already do rather well. https://www.theguardian.com/business/2020/aug/11/uk-government-serco-contact-tracing-contract-leaked-memo, https://www.mirror.co.uk/news/politics/coronavirus-councils-develop-track-trace-22476383

This sounds like a pocket lining project gone wrong...

Eli...

'The total value of the claim was also redacted. Such heavy redactions are unusual in High Court cases being heard in public.'

And the company/individuals who'd been promised all that lovely dosh, got butt-hurt about it all and started crying.

Misconceived...

Warm Braw

Regrettably, this is just the latest unfortunate chapter in a sorry saga.

The Clean Air Zone was originally going to be similar to London's Congestion Charge: there'd be a charge (£3.40 for private vehicles) on entering congested areas with low air quality. Following an outcry from the motoring public, the plan to charge private vehicles was dropped, but buses will be hit by a £50 charge, while the number of lanes across the Tyne Bridge will be reduced. So, there will be a strong disincentive to use public transport, and congestion will be increased owing to the throttling of a key crossing point.

Without wanting to comment on the merits of Neology's case, I cant help feeling we're going to see more of this type of claim. Councils have been hollowed out by cuts and additional spending on Coronavirus so their ability to scrutinise procurement and defend action taken against them is inevitably diminished.

WTF?

Roopee

I wish I could sue all the people who have chosen not to use my services! Or even just the few who have expressed an interest by phoning me and then decided not to... M'lud Potential Client A phoned me about a problem, didn't like how much I said I would charge if we went ahead, or maybe it was the timbre of my voice, and then hung up. I'm outraged and demand compensation!

Wankers, was I think the term El Reg said they wouldn't use for firms such as Neology.

Procurement nightmares

Anonymous Coward

Procurement in local government certainly is an absolute PITA.

You need to jump through so many hoops to ensure that you don't get sued for choosing one bid over another, never mind picking the best product or getting the best price.You can't easily haggle, you can't ask questions of one supplier and not the other, everything must be recorded and justified. It adds a huge price to any major procurement and many low value ones as well.

Then the suppliers are often colossal arses as well. The procurement might be for a £5M system but the sales droid filling in the paperwork usually can't be arsed and misses critical bits out, doesn't understand the questions or doesn't read the questions. So you can have a system that you really want to buy that is good value but you've had to score lowly becasue the salesman was hungover and the rules mean you can't go back and get them to correct it.

Or the sales people really can' be arsed (sounds like this one) and rather than answer the questions they just supply reams of pdfs, often hundreds of pages long, and just say the answer is in the attached. Somewhere. Probably.

Re: Procurement nightmares

Roland6

Or the sales people really can' be arsed (sounds like this one) and rather than answer the questions they just supply reams of pdfs, often hundreds of pages long, and just say the answer is in the attached. Somewhere. Probably.

From the article I suspect this is what happened here, namely the Neology sales team's answer didn't completely answer the ITT question, whereas the Siemen's one did. The ITT would have been initially assessed on the (typically number of letters/words limited) responses rather than on the supplementary information.

Re: Procurement nightmares

iron

Not to mention the problem of requiring 3 tenders when often there aren't 3 companies capable or interested in doing the job.

Re: Procurement nightmares

GlenP

On one occasion back when I was a Civil Servant I was in the transport manager's office. He had a van stuck on the hard shoulder, no breakdown cover of course, and the procurement department wanted three tenders for a recovery service to attend!

We avoided the worst of it in the IT Department by specifying everything had to be PDP-11 compatible, we'd bought two VAX boxes on the grounds they were compatible with the PDP -11/45 that we didn't actually use!

How about...

Spanners

They need to put a section in the eligibility criteria saying that to do business with the council, they cannot have taken legal action against it in the last X years.

The reason that you need a value for X, rather than " for ever", is that companies, like people, can change. Many may have all been changing the wrong way for the last few decades but they need to see the benefits of improving instead.

Amended headline

not.known@this.address

"ANPR maker Neology sues Newcastle residents and local businesses after failing to win 'air quality' snoopcam project bid "

FTFY. Where do these idiots think the Council gets "its" money from, and why do they think they can sue the taxpayers because they lost out?

It's my Football

Duffaboy

And I'm taking it so you can't play

Doctor Syntax

Translation: Don't invite us to tender.

"All the system's paths must be topologically and circularly interrelated for
conceptually definitive, locally transformable, polyhedronal understanding to
be attained in our spontaneous -- ergo, most economical -- geodesiccally
structured thoughts."
-- R. Buckminster Fuller [...and a total nonsequitur as far as I can
tell. -kl]