Defence Online

Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2022/S 000-004073/EN)
Nature of contract: Supply contract
Procedure: Award of a contract without prior publication
Type of bid required: Not applicable

Voluntary ex ante transparency notice
Supplies

Section I: Contracting authority
I.1) Name and addresses
Official name: Ministry of Defence
Town: Bristol
Country: United Kingdom
Email: Thomas.Oliver107@mod.gov.uk
Internet address(es):
Main address:

I.4) Type of the contracting authority
Body governed by public law
I.5) Main activity
Defence

Section II: Object
II.1) Scope of the procurement
II.1.1) Title: £2.792
II.1.2) Main CPV code: 34114000
II.1.3) Type of contract Supplies
II.1.4) Short Description:
£2.792
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:2792000.00
Currency:GBP
II.2) Description
II.2.2)Additional CPV code(s)
Main CPV code: 34114000

II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
Supply of Spares & Repairs, Calibration of Components for Aircraft and Ground Support Equipment (GSE) Refuelling Vehicles

II.2.5) Award criteria
II.2.11) Information about options
Options:yes
Description of options:
12 Month + 6 Month Option periods in addition to 12 Month extension.

II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
Section IV: Procedure
IV.1) Description
IV.1.1) Type of procedure
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
(please complete point 2 of the Annex D)
IV.1.8) Information about the Government Procurement Agreement(GPA)
The procurement is covered by the Government Procurement Agreement: yes
IV.2) Administrative information

Section V: Award of contract/concession
V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2022-02-11
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: Kellog Root & Brown
Town: Leatherhead
Country: United Kingdom
Nuts code:
The contractor is an SME: no

V.2.4) Information on value of the contract/lot/concession(excluding VAT)
for framework agreements – total maximum value for this lot
for contracts based on framework agreements, if required – value of contract(s) for this lot not included in
previous contract award notices
V.2.5) Information about subcontracting
The contract/lot/concession is likely to be subcontracted
Value or proportion likely to be subcontracted to third parties

Section VI: Complementary informationVI.4) Procedures for review
VI.4.1) Review body
Official name: DE&S
Town: Bristol
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2022-02-11

Other justification for the award of the contract without prior publication of a call for competition
in the Official Journal of the European Union
The contract has as its object services listed in Annex II B to the directive

3.Explanation
Please explain in a clear and comprehensive manner why the award of the contract without prior publication in the Official Journal of the European Union
is lawful, by stating the relevant facts and, as appropriate, the conclusions of law in accordance with the directive:
The Air Commodities Team, part of the UK Ministry of Defence (“the Authority”) intends to extend the existing Contract ACCOMM2C/7079 with Kellog Brown and Root (KBR) for a period of 12 months, with further option periods of 12 months, and 6 months respectively at a total cost of up to £XXm..
The current Contract runs to 15th May 2022 and provides support for Aircraft Refueller Vehicles through the procurement and upkeep of Spares, Repairs, and Post Design Service (PDS) Tasks for both Aircraft and Ground Support Equipment (GSE).
It is considered that the contract can be extended using the negotiated procedure without prior publication of a contract notice pursuant to Regulation 16(1)(d)(aa) of the Defence and Security Public Contracts Regulations 2011: It has been deemed necessary to extend the existing service for technical reasons in addition to the fact to compete the requirement at this time would cause significant disruption to the Aircraft refuelling capability.
The extension to contract ACCOMM2C/7079 ensures a level of SQEP is maintained whilst the newly awarded Large Capacity Aircraft Refueller/ Small Capacity Aircraft Refueller (LCAR/SCAR) life extension programme progresses to navigate trials, design review and initial production of the fleet. Due to the complexity of the LCAR/SCAR LEP project it would not be strategically wise or economically advantageous to recompete the refueller requirement at this time for the following reasons:
a) KBR has been deemed the only economic operator with access to current technical expertise, which maintains business continuity in the aircraft refueller space, including the LCAR/SCAR Fleet. The loss of KBRs technical expertise at this stage in the LCAR/SCAR project could have safety implications on the end user if sufficient SQEP is not available during asset trials or initial delivery.
b) In addition, with regards to supporting the wider fleet of Aircraft Refuelling vehicles, KBR is in a unique position in that they possess working relationships with lower tier suppliers, ensuring support to the multiple variations of refuelling assets, which are experiencing significant obsolescence issues. Furthermore, KBR possess the knowledge of MOD supply chain processes specific to this requirement, which are vital in satisfying routine and mission critical spares demands in a timely manner, maintaining operational output during a time of global supply chain instability.
Finally, Industry will be encouraged to express their interest for the Aircraft Refueller Vehicles Project through a separate notice published in the future.