Fakta om udbudet
Udbyder
Naviair and COOPANS members as specified in II.1.4
Vindere
(25.05.2021)
Thales LAS France S.A.S
2 Avenue Gay Lussac
78990 Elancourt
Agreed and Re-negotiated COOPANS Framework Agreement II (ARCFA II)
Naviair and COOPANS members as specified in II.1.4
Voluntary ex ante transparency notice
Services
Section I: Contracting authority/entity
National registration number: 26059763
Postal address: Naviair Allé 1
Town: Kastrup
NUTS code: DK01 Hovedstaden
Postal code: 2770
Country: Denmark
Contact person: Mona H. Møller
E-mail: mhm@naviair.dk
Telephone: +45 30310386
Internet address(es):
Main address: https://www.naviair.dk/
Section II: Object
Agreed and Re-negotiated COOPANS Framework Agreement II (ARCFA II)
This notice is published by Naviair on behalf of the members of COOPANS, which also includes the following contracting entities/authorities:
1) Irish Aviation Authority, The Times Building, 11-12 D'Olier Street, Dublin 2, Ireland (IE);
2) Luftfartsverket, Hospitalsgatan 30, S-601 79 Norrköping, Sweden (SE);
3) Austro Control GmbH, Wagramer Straße 19, A-1220, Vienna, Austria (AT);
4) Croatia Control, Rudolfa Fizira 2, 10410 Velika Gorica, Croatia (HR);
5) Navegação Aérea de Portugal — NAV Portugal, E.P.E., Rua D — Edifício 121, 1700-008, Lisbon (PT).
The COOPANS members intend to enter a framework agreement and contract (8 and 10 years, respectively) with Thales LAS France S.A.S, the Agreed and Re-negotiated COOPANS Framework Agreement II (ARCFA II). Previously an Amended and restated Framework Agreement (ARCFA) on the maintenance and development of the COOPANS TopSky-ATC was in force between the parties.
All COOPANS members are currently using Thales TopSky-ATC, and as part of the continuation of safe operations, builds to the extent required by legislation and for safe operations the COOPANS members intend to enter ARCFA II with Thales. The COOPANS members’ overall need is thus to ensure continued operation and maintenance and to refine the COOPANS TopSky ATC operating capability and incorporate the expected European wide requirements, coming from e.g. PCP Regulation and European standards. No major principle changes to the operating model are foreseen within this ARCFA II. The ARCFA II will ensure the maintenance operation and to a certain extent updates of the TopSky ATM systems used by the COOPANS members.
The purpose of ARCFA II is to establish a framework agreement for services that
(i) for technical and/or intellectual property reasons can only be provided by Thales; and
(ii) are strictly necessary to maintain efficient operations or compliance with regulatory requirements. To this end the ARCFA II sets out:
(a) the scope, charging-model and other terms and conditions of services as per order (8 years) that COOPANS Member(s) may call for from time to time and that Thales shall provide upon such call; and
(b) the scope, the charges and other terms and conditions of ongoing services (10 years) to be provided by Thales to the COOPANS Members by virtue of ARCFA II.
The services as per order comprise of:
(a) system changes which consist of functional or other developments based on the work of the harmonisation and build definition services or other needs. Functional and/or technical requirements will be packaged into system changes;
(b) other services: COOPANS Member(s) may order services from Thales on an ad-hoc basis for the provision of engineering expertise, consultancy or minor product evolutions.
System changes and other services may be bought as:
(a) COOPANS system changes upon all COOPANS Members joint request;
(b) local system changes upon one or several of the COOPANS Member(s) request; and/o
( c) other services upon one, several or all of the COOPANS Member(s)’ request.
The ongoing services comprise of:
(a) support and maintenance services, including security and safety related activities and deliverables. These services are essential to the safe operational performance of the COOPANS TopSky-ATC;
(b) harmonisation and build definition services (HBD), The overall purpose of these services is to define and structure the scope and scale of potential new system changes, based on the operational and technical requirements.
The main body of the ARFCA II foresees certain ‘General activities and requirements’ e.g. on testing, documentation, reporting and other activities. These activities will not be ordered separately but shall be rendered in the course of ongoing services and/or services as per order.
The services provided under ARCFA II will be limited as follows: COOPANS members will only order services that
(i) for technical and/or intellectual property reasons can only be provided by Thales; and
(ii) that are strictly necessary to maintain efficient operations or compliance with regulatory requirements during the term of ARCFA II.
With external assistance COOPANS has produced a roadmap with a proposed way of maintaining, operating and further develop the TopSky ATM system, and ARCFA II includes Roadmap items that only Thales can supply due to technical and intellectual property reasons.
The COOPANS members have entered a Joint Public Procurement Agreement in accordance with Art. 39(4) of Dir. 2014/24/EU and art. 57(4) of Dir. 2014/25 and have designated Naviair as responsible for finalising the ARCFA II, publishing notices in TED and other procurement related matters. The COOPANS members have chosen Danish public procurement law as applicable to all matters relating to ARCFA II.
Section IV: Procedure
- The works, supplies or services can be provided only by a particular economic operator for the following reason:
- absence of competition for technical reasons
ARCFA II can only be entered into with Thales, because:
(i) ARCFA II is required to maintain and operate ATM legacy system: the ATM system is the core IT system on which the COOPANS partners are heavily dependent in providing their main service; that is safeguarding air traffic management free of any frictions and problems. The COOPANS partners are not in the position to jeopardise their service and are required to uphold a safety standard at the utmost possible. The COOPANS partners therefore have to endeavor to maintain and operate the ATM legacy system. The COOPANS partners run the TopSky ATM system in the configuration following the deliveries under the earlier ARCFA and the original agreements for procuring the system as part of their ATM systems. The purpose of ARCFA II is to be able to maintain and operate the existing system, both in terms of necessary ongoing services that Thales is the only possible provider of, but also in terms of the services per order, which are meant to ensure a number of improvements of the existing system, including against the background of changing regulatory requirements that necessitate changes;
(ii) Thales is technically and due to intellectual property rights the only supplier: From a technical point of view, the items included in the scope of ARCFA II are such that only Thales is a relevant supplier. The main reasons for this are that the scope includes specific work on the existing system which consists of numerous interlink functions. The work will include not only working and upgrading specific functions, but due to the technical interoperation between different functions, upgrading one function may trigger a need to implement changes in other functions in order to ensure that the entire system can work and ‘speak the same language’. Furthermore, Thales holds intellectual property rights to the TopSky ATM system;
(iii) the scope of ARCFA II has been defined to cover a number of specific items as listed in point 2 above, and those items are all subject to the technical constraint that only Thales can deliver those;
(iv) better possibilities for opening up competition: ARCFA II includes mechanisms that provide COOPANS with enhanced possibilities of ordering integration services that can allow for integration of systems, solutions and functionalities provided by third party suppliers into TopSky-ATC, thereby underscoring that ARCFA II and its scope is confined to items for which Thales for technical reasons would be the only supplier;
(v) ongoing reassurance of technical impossibility: once ARCFA II has become effective, COOPANS will ensure that when ordering services, it will be reassessed that at the given point in time, Thales remains the only supplier for technical or IPR related issues.
Section V: Award of contract/concession
National registration number: 319 159 877 00111
Postal address: 2 Avenue Gay Lussac
Town: Elancourt
NUTS code: FR France
Postal code: 78990
Country: France
Internet address: https://www.thalesgroup.com/en
Section VI: Complementary information
Postal address: Nævnenes Hus, Toldboden 2
Town: Viborg
Postal code: 8800
Country: Denmark
E-mail: klfu@naevneneshus.dk
Telephone: +45 72405600
Internet address: https://naevneneshus.dk/start-din-klage/klagenaevnet-for-udbud/
Pursuant to Section 7(3) of Executive Order No 593 of 2 June 2016 (Executive Order on the Danish Complaints Board for Public Procurement), a complaint arguing that the contracting authority has entered into a contract without prior publication of a contract notice in the Official Journal of the European Union, in case the contracting authority followed the procedure in Section 4 of Executive Order No 593 of 2 June 2016 (Executive Order on the Danish Complaints Board for Public Procurement), must be filed within 30 calendar days from the day after the day on which the contracting authority published a notice in the Official Journal of the European Union that the contracting authority had entered into the contract, provided that the notice contains the reasons for the contracting authority's decisions to enter into a contract without prior publication of a contract notice in the Official Journal of the European Union. Pursuant to Section 6(4) of Executive Order No 593 of 2 June 2016 (Executive Order on the Danish Complaints Board for Public Procurement) the complainant must, at the latest at the same time as a complaint is submitted to the Danish Complaints Board for Public Procurement, notify the contracting authority in writing that the complaint has been submitted to the Danish Complaints Board for Public Procurement, and whether the complaint has been submitted during the period of 10 calendar days as stipulated in Section 4(1)(2) in Executive Order No 593 of 2 June 2016 (Executive Order on the Danish Complaints Board for Public Procurement).
Postal address: Carl Jacobsens Vej 35
Town: Valby
Postal code: 2500
Country: Denmark
E-mail: kfst@kfst.dk
Telephone: +45 41715000
Internet address: http://www.kfst.dk