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IBM: Indiana canceled deal because of budget woes

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The real reason Indiana canceled its nearly $1.4 billion contract with IBM for a troubled welfare automation system was state budget problems, a lawyer for the computer giant argued Tuesday. But the state said IBM was more concerned about profit than getting assistance to needy people.

Both sides traded jabs during five hours of closing arguments before Marion Superior Court Judge David Dreyer, who is considering dueling lawsuits in the case. Gov. Mitch Daniels canceled IBM's privatization contract in 2009 amid complaints about long wait times on calls, lost documents and improper rejections from clients and federal officials.

Indiana had sued for the $437 million it paid the company, but Dreyer capped the damages the state could seek at $125 million. IBM is seeking about $100 million that the company claims it's still owed.

IBM attorney Steve McCormick said the Armonk, N.Y.-based computer company simply gave the state officials what they wanted: Switching from in-person visits at county welfare offices to taking applications online and via remote call centers.

"The problems were inherent in the system that the state chose," McCormick said.

But John Maley, one of the attorneys hired to represent the state, said IBM simply didn't live up to its end of the billion-dollar deal. He said the company repeatedly failed to hit benchmarks that it agreed to meet, then blamed its failures on a surge in applications due to the economic downturn and the floods that displaced thousands of people in 2008.

"IBM said it would be accountable when it sold modernization to the state, but now it offers excuses," Maley said. "It's time for IBM to finally be held accountable."

He said IBM failed to process applications in a timely manner, which he said was its primary obligation under the 2006 contract. He said IBM didn't devote enough resources to provide the service it had promised, and cited a company executive's testimony that IBM couldn't shirk its fiduciary responsibilities."

So the shareholders trump a million needy Hoosiers," Maley said.

McCormick said timeliness wasn't even mentioned in the contract. The main goal, he said, was to free welfare applicants from the chore of traveling to a county welfare office, and a secondary goal was to save the state money in administrative costs. He played audio of Daniels announcing at a 2009 news conference that the automated system had saved the state $40 million.

McCormick said the state never complained until it decided to break off the deal, and he said internal emails showed that state officials were planning behind the scenes to ditch IBM months before Daniels cancelled the contract in October 2009.

That was about the same time Daniels ordered state agencies to cut spending in the wake of multimillion-dollar revenue shortfalls.

"They terminated the contract because of their budget problems," McCormick said.

Dreyer is not expected to rule for several weeks.

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  • News
    I seem to remember news casts, prior to dropping IBM, stating that the IBM system was declining welfare applications and the persons applying for said same were threatening lawsuits against the state, via the federal government for discrimination.

    To rephrase the problem noted on comments it is the unemotional computer program vs. the emotional decision of entitlements approved by caseworkers.
  • "Consultant"
    It seems to me that IBM failed at the job of being both a "consultant" and a "supplier". Whatever happened to the high road, where the customer comes first? We always enjoyed competing with IBM and other large companies that pounded their chest, made all of the nice sounding promises, very often over committing, and in the end, always blamed the customer for Big Blue's own short comings and failures. This trial is like watching a rerun from long ago, with the plot never changing, and the customer getting the blame. We have Corporate America (IBM) vs. the Republican Leadership of Indiana. This is better than Final Four Tickets.
  • Still Problems
    Got news for you. IBM isn't the only problem. ACS (or whatever they're calling themselves these days) have just continued the LOUSY practices that have been established and there are just as many problems and complaints today. With no assigned caseworkers there is no accountability to see that work gets done in a timely manner. Documentation gets sent to some black hole fax number or email address and is never seen again.

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  1. liek the rest of America

  2. These quaint,obsessed musings by the stalkers are certainly entertaining, but I'm trying to figure out what, if anything, all the yelping below has to do with Zak Brown.

  3. It's evident that Moffett was pushing the right buttons and corporate America is now trying to squash him. He just wanted to withdraw the free pilot services provided to the company by the pilots to try and put some pressure on a company that has not been interested in negotiating a contract in over 5 years. The company does not provide a contract because not having one has saved them a bundle of money. Shame on any Republic pilots not standing behind their union leader just because things are getting tough, can you not see such strategic moves by the company as putting the last union president in a corporate position and into THEIR pocket. Do you really believe the last union president is so appalled at the attempts by Moffett, do you not remember his oppositions to the company? We stood behind him. It has been proven over and over again for thousands of years without fail, a man cannot serve two masters. Anyone that believes people vote contrary to their paycheck and livelihood deserve to be taken advantage of, the recent statements by the former union president are laughable as he denounces the current union president from his new corporate position. Have you ever seen a drafted sports player score points for his previous team, it cannot be done, he is not on the pilots side anymore, he gets his money a different way now than you and I do, and he should not be allowed to remain on the seniority list. A drafted player brings strength, credibility, tactical knowledge, and a strategic advantage to his NEW team, he would not be drafted or paid were it otherwise. We are all forced to choose only one side to play for and support, not doing so has many references in life such as insider trading and shaving points, all illegal for good reason. This basic fact is why corporate moguls, scientist, and engineers all sign non-discloser agreements and non-compete clauses, as protection in case they are lured into switching sides as our former union president has done. No NFL coach ever drafted a player so that both teams could benefit and better understand each other, they are recruited to win the game against that former team, period. Likewise the company does not recruit the former union president by accident or mutual understanding, its strategy. Don't confuse playing the game with good sportsman-like conduct in support of common business and prosperity goals, with the requirement to only play for one side. Good men we all love and favor fall subject to this manipulation, often without their knowledge, and it is not a betrayal of their friendship to oppose them when they switch sides. If we did not love and trust them, they would not have been chosen and lured to the other side in the first place. The deception by the drafted player is not made at a conscious level, it's just human nature and it's all about money and power which corrupts our ability to be objective and loyal to two masters. This is why our court system created the defense attorney, and why our military created counter intelligence. Its strategy and its propaganda, and it works, and that's why the "powers to be" manipulate the chess pieces by sometimes changing their colors. Some players know they are being manipulated when their color is changed, but it brings them more money and power so they do not care. The rest have good intentions but do not even realize they are being manipulated. This tactic is also known by another name, Divide and Conquer. In battle sending an imperfect message with an imperfect team is obviously not ideal, but it's still being sent by YOUR team, your union leader, a leader that has common goals and common rewards with you, they are the best, because we have elected them to do a job for us. If you are not backing Moffett but believing the spin by those that have recently switched sides, you are taking food out of your own mouth. Showing unity and backing an imperfect situation still results in taking just as much ground, it's about unity and bargaining power. It's not necessary to wait around for that perfect attack because it will never come, the company will spin and attempt to destroy anyone that gets in their way. Ultimately it's not about any specific attack anyway, ASAP or whatever it makes no difference, it is and always has been only about power. If this company cared about safety it would not build pairings with 8 hour overnights, come on, are you that naive? Besides, do you really think Hoffa cares, no, he got a call from corporate America and was squeezed into denouncing Moffett. If he didn't they would spin the safety card against him and the Teamsters National with implication for truckers, future contracts, insurance rates etc...saying something like the Teamsters use safety as a bargaining chip, blah blah blah... Do you really think any pilot is going to do something unsafe for the contract, absolutely not, the only ones threatening safety here is the company with reduced rest, fatigue, and poverty. Do you not find it odd that Hoffa and the Teamsters are opposing a Teamster president publicly? Would the Teamsters National not normally support and work with one of their own? Why did they not sit down and help him strategize, correct any mistakes, and charge ahead? Would the Teamsters National not normally support and leverage a contract for all those pilots that have been paying Teamster dues, isn't that why we have all been paying Teamster dues in the first place? I sure haven't been paying dues so that the Teamsters National could come along and write this kind of an article undercutting our union leader and our unity. Whose side is the Teamsters National really on, it's obviously not the Republic pilots side.

  4. No matter what Moffatt does the company is going to spin it like he is the terrorist and brainwash people like you into believing it, wake up, back your players that are trying to change things for you and your livelihood. Where has Hoffa been for the last 6 years, except collecting our dues. Seriously, do you really think an FO going for upgrade, signed off by a checkairman ready for the upgrade, who then fails, is not even capable of returning as a First Officer.

  5. whoa!

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