Defence Online

Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2022/S 000-010324/EN)
Nature of contract: Supply contract
Procedure: Negotiated without a call for competition
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
Ministry or any other national or federal authority, including their regional or local sub-divisions
I.5) Main activity
Defence

Section II: Object
II.1) Scope of the procurement
II.1.1) Title: £3,472,000.00
II.1.2) Main CPV code: 34113200
II.1.3) Type of contract Supplies
II.1.4) Short Description:
Supply and In Service Support of Finning Dan Fork Lift Trucks
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:3472000.00
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
12 Month Extension + 6 Month option period for the Supply and In Service Support of Finning Dan Fork Lift Trucks.

II.2.5) Award criteria
II.2.11) Information about options
Options: no
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
Negotiated procedure without publication of a contract notice(in accordance with Article 28 of Directive 2009/81/EU)
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
Contract No: ACCOMM/00047
Title: Supply and In Service Support of Finning Dan Fork Lift Trucks

V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2022-04-20
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: Briggs Equipment Ltd
Town: Cannock
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:
2022-04-20

Justification for the award of the contract without prior publication of a call for
competition in the Official Journal of the European Union
1.Justification for the choice of the negotiated procedure without publication of a call for competition in accordance with
Article 28 of Directive 2009/81/EU

No tenders or no suitable tenders/requests to participate in response to:
restricted procedure

The products involved are manufactured purely for the purpose of research, experiment,study or development under the conditions
stated in the directive(for services and supplies only)
The works, supplies or services can be provided only by a particular economic operator for the following reason:
absence of competition for technical reasons

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 ACCOMM/00047 with Briggs Equipment Ltd for a period of 12 months, with further option period of 6 months requiring no uplift to the current Contract sanction of £3.472M.
The current Contract runs to 5th May 2022 and sustains the in-service support for a fleet of Finning Dan Forklifts Vehicles.
It is considered that the contract can be extended using the negotiated procedure without prior publication of a contract notice pursuant to Regulation 72(1)(b) of the Public Contracts Regulations 2015: 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 Finning Dan Forklift capability.
The extension to Contract ACCOMM/00047 ensures a level of SQEP is maintained whilst requirements relating to a complex amalgamation of Contracts for a future competition are obtained. Considering timescales and the complexity, if the Contract were not be extended in this instance, it is likely a gap in technical knowledge and capability would jeopardise the safe operation of the fleet of vehicles and would cause significant inconvenience or substantial duplication of costs for the contracting Authority. Furthermore, Briggs Equipment Ltd 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.