CHC/647 - Procurement of a TIESE (Troop Insertion and Extraction System Equipment) Support Contract for Chinook

CPV: Security, fire-fighting, police and defence equipment

Procedure method

Negotiated without publication of a contract notice

Legal basis

CELEX · 32009L0081 Defence and Security Public Contracts Regulations 2011 (Directive 2009/81/EC)

Procurement category

Goods

Notice status

Awarded

Procurement threshold

Unspecified in notice

Regulatory regime

Standard

Commercial structure

Stand-alone contract (no framework)

Competition type

Competitive procedure

GPA / WTO covered

Unspecified in notice

Recurring procurement

Unspecified in notice

First published

21 Dec 2021, 22:45 GMT

Last source update

21 Dec 2021, 22:45 GMT

FTS notice number

2021/S 000-031973

Classification (CPV)

Security, fire-fighting, police and defence equipment

Delivery area

UK

Official registry OCID

ocds-h6vhtk-03045c Find a Tender

Why no open competition

The products involved are manufactured purely for the purpose of research, experiment, study or development under the conditions stated in the directive; 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

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.

IrvingGQ are the original equipment manufacturers and Design Authority of the TIESE fitted on the UK Chinook aircraft. As such, the In Service support of the TIESE (including the provision of repairs and spares) together with the related Project Management, can only be carried out by IrvingGQ as IrvingGQ exclusively holds the relevant skills, technical data, proprietary information (including drawing and design information) and know-how that is needed to meet the requirement. IrvingGQ 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 IrvingGQ. The aforementioned skills, technical data, drawing and design information are necessary for the performance of the requirement. Furthermore, only IrvingGQ 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 TIESE. 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 IrvingGQ hold.

Publisher note: The Secretary of State for Defence (the ‘Authority’) intends to enter into a contract with IrvingGQ Ltd (“IrvingGQ”) for the provision of Engineering Support, Technical Documents, Repairs and Spares in respect of its existing Chinook Helicopter Troop Insertion & Extraction System Equipment (TIESE). The proposed contract term is 3 years and the contract value is estimated to be £0.41M. 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. IrvingGQ are the original equipment manufacturers and Design Authority of the TIESE fitted on the UK Chinook aircraft. As such, the In Service support of the TIESE (including the provision of repairs and spares) together with the related Project Management, can only be carried out by IrvingGQ as IrvingGQ exclusively holds the relevant skills, technical data, proprietary information (including drawing and design information) and know-how that is needed to meet the requirement. IrvingGQ 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 IrvingGQ. The aforementioned skills, technical data, drawing and design information are necessary for the performance of the requirement. Furthermore, only IrvingGQ 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 TIESE. 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 IrvingGQ hold.

• Irving GQAwarded supplier Bridgend, UK

No document links were published on the notice.