Defence Online

Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2023/S 000-035818/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: haylie.coles100@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: Briggs Equipment UK Ltd. 36 – Month Extension
II.1.2) Main CPV code: 42415110
II.1.3) Type of contract Supplies
II.1.4) Short Description:
Briggs Equipment UK Ltd. 36 – Month Extension
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:596000.00
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
BRIGGS Equipment UK Ltd. 36 – Month Extension for the In-Service Support of Finning Dan Forklift Trucks.

II.2.5) Award criteria
II.2.11) Information about options
Options:yes
Description of options:
12 Month Option Period

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:2023-12-05
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: Briggs Equipment UK Ltd
Town: Cannock
Postal code: WS11 8XW
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:
2023-12-05

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:
Voluntary Transparency Notice for Forklift Truck 4763KG Finning Dan
The Air Commodities Delivery Team, part of the UK Ministry of Defence (“the Authority”) intends to extend the contract with Briggs Equipment UK Ltd, on a Single Source Basis for the In-Service Support of Finning Dan Forklift Trucks for 36 months with a 12-month option period.
It is considered that the award of the contract without prior publication of a contract notice in the UK e-notification service is lawful in accordance with Regulation 32(2)(b)(ii) and Regulation 72(1)(b) under the Public Contract Regulations (2015) due to technical reasons.
This is because Briggs Equipment UK Ltd. is the Design Organisation (DO), they currently manage the configuration of the equipment as an approved agent of the Original Equipment Manufacturer. They provide the Authority with a direct interface to manage safety and configuration control and it is technically impractical for an alternative contractor to meet this requirement. The reasons for this are as follows:
A. It is imperative to maintain the configuration control, for the vehicles as the loss of configuration control could result in differing variants within the fleet. This may lead to Human Factor issues thereby increasing risk to life, injury to personnel, and/or damage to an air platform.
B. As the DO have a dedicated resource with specialists’ skills which supports expediency when safety issues arise. Expedient resolution of safety issues is necessary to ensure the continued safe use of the equipment and maintain air loading capability.
C. The use of DO authorised parts will also ensure the essential maintenance of the equipment’s safety case; a document provided by ACDT as the Engineering Authority to the end user and Operation Duty Holders ensuring that the equipment is safe for use.
A Single Source solution is the only means of maintaining the integrity of the equipment through to its natural Out of Service Date.