Section one: Contracting authority/entity
one.1) Name and addresses
Ministry of Defence
Bristol
Country
United Kingdom
NUTS code
UK - United Kingdom
Internet address(es)
Main address
one.4) Type of the contracting authority
Body governed by public law
one.5) Main activity
Defence
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
CHC/645 Flat Panel Trainer
two.1.2) Main CPV code
- 50000000 - Repair and maintenance services
two.1.3) Type of contract
Services
two.1.4) Short description
The Secretary of State for Defence (the ‘Authority’) intends to enter into a contract with Thales UK Ltd (“Thales”) for the provision of repairs, spares and engineering support in respect of its existing Chinook Flat Panel Trainer (FPT), enabling its continued use at RAF Benson. The proposed contract term is 3 years and the contract value is estimated to be £0.66M.
In accordance with regulation 4 of The Defence and Security Public Contracts (Amendment) (EU Exit) Regulations 2019 (SI 2019/697) this procurement falls to be regulated under the provisions of the Defence and Security Public Contracts Regulations 2011 as amended (in particular by SI 2019/697 and SI 2020/1450). Prior publication of a contract notice in the Official Journal of the European Union is no longer appropriate. It is considered that the award of the contract without prior publication of a contract notice in the UK e-notification service (in accordance with the relevant legislation) is lawful in accordance with regulation 16(1)(a)(ii) of the DSPCR 2011 due to technical reasons.
Thales are the original equipment manufacturers and Design Authority of the Digital Cockpit fitted on the UK Chinook aircraft. As such, the In Service support of the Flat Panel Trainer (including the provision of repairs and spares) together with the related Project Management, can only be carried out by Thales as Thales exclusively own the software rights and holds the relevant skills, technical data, proprietary information (including drawing and design information) and know-how that is needed to meet the requirement. Thales previously confirmed that it is not prepared to share or license the use of that proprietary information outside of the Company and the UK Ministry of Defence does not have a right to obtain the necessary documentation from Thales. The aforementioned skills, technical data, drawing and design information are necessary for the performance of the requirement.
Furthermore, only Thales holds the level of certification (under the Authority's Design Approved Organisation (DAOS) and Maintenance Approved Organisation (MAOS) Schemes) necessary to carry out the activities that are required in order to meet the Military Aviation Authority’s Regulatory Articles applicable to the Flat Panel Trainer. It is not possible for another company to obtain the relevant level of certification without access to the skills, knowledge and technical information that only Thales hold.
two.1.6) Information about lots
This contract is divided into lots: No
two.1.7) Total value of the procurement (excluding VAT)
Value excluding VAT: £663,327.43
two.2) Description
two.2.2) Additional CPV code(s)
- 34740000 - Aircraft or spacecraft equipment, trainers, simulators and associated parts
two.2.3) Place of performance
NUTS codes
- UK - United Kingdom
two.2.4) Description of the procurement
Support and maintenance of the FPT.
two.2.5) Award criteria
Price
two.2.11) Information about options
Options: Yes
Description of options
Option to extend support by a further 2 years.
two.2.13) Information about European Union Funds
The procurement is related to a project and/or programme financed by European Union funds: No
two.2.14) Additional information
Cyber Risk Assessment rating: 'N/A'.
Section four. Procedure
four.1) Description
four.1.1) Type of procedure
Negotiated procedure without publication of a contract notice
- The products involved are manufactured purely for the purpose of research, experiment, study or development
- The works, supplies or services can be provided only by a particular economic operator for the following reason:
- absence of competition for technical reasons
Explanation:
The Secretary of State for Defence (the ‘Authority’) intends to enter into a contract with Thales UK Ltd (“Thales”) for the provision of repairs, spares and engineering support in respect of its existing Chinook Flat Panel Trainer (FPT), enabling its continued use at RAF Benson. The proposed contract term is 3 years and the contract value is estimated to be £0.66M.
In accordance with regulation 4 of The Defence and Security Public Contracts (Amendment) (EU Exit) Regulations 2019 (SI 2019/697) this procurement falls to be regulated under the provisions of the Defence and Security Public Contracts Regulations 2011 as amended (in particular by SI 2019/697 and SI 2020/1450). Prior publication of a contract notice in the Official Journal of the European Union is no longer appropriate. It is considered that the award of the contract without prior publication of a contract notice in the UK e-notification service (in accordance with the relevant legislation) is lawful in accordance with regulation 16(1)(a)(ii) of the DSPCR 2011 due to technical reasons.
Thales are the original equipment manufacturers and Design Authority of the Digital Cockpit fitted on the UK Chinook aircraft. As such, the In Service support of the Flat Panel Trainer (including the provision of repairs and spares) together with the related Project Management, can only be carried out by Thales as Thales exclusively own the software rights and holds the relevant skills, technical data, proprietary information (including drawing and design information) and know-how that is needed to meet the requirement. Thales previously confirmed that it is not prepared to share or license the use of that proprietary information outside of the Company and the UK Ministry of Defence does not have a right to obtain the necessary documentation from Thales. The aforementioned skills, technical data, drawing and design information are necessary for the performance of the requirement.
Furthermore, only Thales holds the level of certification (under the Authority's Design Approved Organisation (DAOS) and Maintenance Approved Organisation (MAOS) Schemes) necessary to carry out the activities that are required in order to meet the Military Aviation Authority’s Regulatory Articles applicable to the Flat Panel Trainer. It is not possible for another company to obtain the relevant level of certification without access to the skills, knowledge and technical information that only Thales hold.
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: No
Section five. Award of contract/concession
Contract No
CHC/645 Flat Panel Trainer
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
24 September 2021
five.2.2) Information about tenders
The contract has been awarded to a group of economic operators: No
five.2.3) Name and address of the contractor/concessionaire
Thales UK Limited
Reading
Country
United Kingdom
NUTS code
- UK - United Kingdom
The contractor/concessionaire is an SME
No
five.2.4) Information on value of contract/lot/concession (excluding VAT)
Initial estimated total value of the contract/lot/concession: £663,327.43
Total value of the contract/lot/concession: £663,327.43
five.2.5) Information about subcontracting
The contract/lot/concession is likely to be subcontracted
Section six. Complementary information
six.4) Procedures for review
six.4.1) Review body
Ministry of Defence
Bristol
Country
United Kingdom