Award of a contract without prior publication of a call for competition in the Official Journal of the European Union in the cases listed below
- 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
Competition is absent for technical reasons and TFL is the only economic operator who can enter the contract because:
(a) TfL is the integrated transport authority responsible for meeting the strategy and commitments on transport for London. TfL run the day-to-day operation of London’s public transport network and manage London’s main roads. London’s Public transport network which is relevant to the MetroLink Scheme, which TfL are responsible for, include London Underground, Docklands Light Railway (DLR), London Overground, TfL Rail and London Trams. Transport for London’s (TfL) unique position as a public body enables them to share lessons learnt and best practice from subject matter experts who draw on expertise, systems and knowhow acquired from delivering similar, large scale infrastructure schemes in London. The specialism TfL can bring to the MetroLink Scheme, spanning a number of key workstreams, is unique to TfL and TII is satisfied that no reasonable alternative or substitute exists.
Protection of exclusive rights, including intellectual property
(b) TfL owns the intellectual property rights in the systems, documents, guidelines, models etc it has developed over time and which are only available directly from TfL. TfL will draw on these systems, documents, guidelines models etc. in providing general advice, support and assistance to TII on the development and implementation of the MetroLink Project.
The procurement is covered by the Government Procurement Agreement
: yes