Defence Online

Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2024/S 000-008603/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
Postal address: Abbey Wood
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom
Email: Robert.Franklin105@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: MOD homepage
II.1.2) Main CPV code: 42122180
II.1.3) Type of contract Supplies
II.1.4) Short Description:
JOFS2 is a critical logistic enabler for units on deployment. It enables the safe supply, receipt and storage of bulk fuel, world-wide and in diverse climatic conditions, for extended periods in order to enable self-sufficiency for the force.
Equipment is currently supported through a Contractor Logistics Support (CLS) service Contract, using a Prime Contractor.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:16000000
Currency:GBP
II.2) Description
II.2.2)Additional CPV code(s)
Main CPV code: 42122180

II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
The Secretary of State for Defence intends to extend the supply contract with KBR for the Joint Operational Fuel System – Tranche 2 (JOFS2) to provide the safe supply, receipt and storage of bulk fuel, world-wide and in diverse climatic conditions for 30 months from February 2025 at an estimated value of £16M. In accordance with the provisions of The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 SI No. 2020/1319, this procurement falls to be regulated under the provisions of the Public Contracts Regulations 2015 as amended (in particular by SI 2020/1319). 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 by way of amendment 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 32(b)(ii) of the PCR 2015 because competition is absent for technical reasons as it would not be possible to place a new contract within the timescale required without there being a significant risk to the provision of safe technical support to the critical capability.

The safe supply, receipt and storage of bulk fuel, world-wide and in diverse climatic conditions is considered a critical logistic enabler for deployed Joint Forces. The extension of the JOFS2 contract is essential to provide continuing capability with technical support which addresses the high safety risks associated with the legacy equipment currently deployed and assure the continuing provision of safe and serviceable equipment which can respond to the urgent operational needs.

The Authority is currently scoping the successor to this contract and intends to commence the competition for the future requirement in November 2024.

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
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: no
IV.2) Administrative information

Section V: Award of contract/concession
Contract No: DEPI/0002
Title: Joint Operational Fuel System – Tranche 2 (JOFS2)

V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2012-10-30
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: Kellogg, Brown and Root Ltd
Postal address: Hill Park Court, Springfield Drive
Town: Leatherhead, Surrey
Postal code: KT22 7NL
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: Ministry of Defence
Postal address: Abbey Wood
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2024-03-18

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 procurement falls outside the scope of application of 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 Secretary of State for Defence intends to extend the supply contract with KBR for the Joint Operational Fuel System – Tranche 2 (JOFS2) to provide the safe supply, receipt and storage of bulk fuel, world-wide and in diverse climatic conditions for 30 months from February 2025 at an estimated value of £16M. In accordance with the provisions of The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 SI No. 2020/1319, this procurement falls to be regulated under the provisions of the Public Contracts Regulations 2015 as amended (in particular by SI 2020/1319). 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 by way of amendment 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 32(b)(ii) of the PCR 2015 because competition is absent for technical reasons as it would not be possible to place a new contract within the timescale required without there being a significant risk to the provision of safe technical support to the critical capability.

The safe supply, receipt and storage of bulk fuel, world-wide and in diverse climatic conditions is considered a critical logistic enabler for deployed Joint Forces. The extension of the JOFS2 contract is essential to provide continuing capability with technical support which addresses the high safety risks associated with the legacy equipment currently deployed and assure the continuing provision of safe and serviceable equipment which can respond to the urgent operational needs.

The Authority is currently scoping the successor to this contract and intends to commence the competition for the future requirement in November 2024.