CHC/628 (700217320) Ground Mission Support System (GMSS) Support Contract

CPV: Helicopters · Helpdesk and support services · Military transport helicopters · System and support services · Technical support services

Procedure method

Award procedure without prior publication of a call for competition

Legal basis

CELEX · 32014L0024 Public Contracts Regulations 2015 (Directive 2014/24/EU)

Procurement category

Services

Notice status

Awarded without competition

Procurement threshold

Unspecified in notice

Regulatory regime

Standard

Commercial structure

Stand-alone contract (no framework)

Competition type

Direct award (no call for competition)

GPA / WTO covered

Unspecified in notice

Recurring procurement

Unspecified in notice

First published

22 Dec 2021, 22:45 GMT

Last source update

22 Dec 2021, 22:45 GMT

FTS notice number

2021/S 000-032138

Classification (CPV)

HelicoptersHelpdesk and support servicesMilitary transport helicoptersSystem and support servicesTechnical support services

Delivery area

South West (UKK1)

Official registry OCID

ocds-h6vhtk-030501 Find a Tender

Why no open competition

The works, supplies or services can be provided only by a particular economic operator due to protection of exclusive rights, including intellectual property rights

Published justification

As per previous Voluntary Transparency Notice (prior to contract award), the justification for the non-competitive decision was as follows:

"It is considered that this contract can be placed using the negotiated procedure without prior publication of a contract notice pursuant to Article 28(1)(e) of Directive 2009/81/EC and Regulation 16(1)(a)(ii) of the Defence and Security Public Contract Regulations 2011 (SI 2011/No.1848) on the basis that for reasons connected with the protection of exclusive rights the contract may be awarded only to Thales UK Ltd. Thales UK Ltd is the original equipment manufacturer and design authority of the GMSS and alone holds all relevant technical rights (including rights in the system's source code), data and information (including in relation to the Chinook Mission Avionics System, with which the GMSS must be interoperable) required for the performance of services under the contract. There is no available and lawful equivalent right that another economic operator could offer, which could support the contract services: Thales UK Ltd has not licensed its rights’ exploitation to any other economic operator nor does the United Kingdom Ministry of Defence have a licence to use such exclusive rights which would enable it to procure the subject matter of the contract from another supplier. Accordingly, a third party would be unable to carry out the essential support activities required (such as software upgrades and modifications) under the contract."

• Thales UK LimitedAwarded supplier Crawley, South East

No document links were published on the notice.