Section one: Contracting authority/entity
one.1) Name and addresses
Western Health and Social Care Trust
MDEC Building, Altnagelvin Area Hospital Site, Glenshane Road
Derry
BT47 6SB
info.contracts@westerntrust.hscni.net
Telephone
+44 2871345171
Country
United Kingdom
NUTS code
UK - United Kingdom
Internet address(es)
Main address
http://www.westerntrust.hscni.net
Buyer's address
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Provision of Domiciliary Care Services in the Western Health and Social Care Trust Area
two.1.2) Main CPV code
- 98000000 - Other community, social and personal services
two.1.3) Type of contract
Services
two.2) Description
two.2.2) Additional CPV code(s)
- 98000000 - Other community, social and personal services
- 85000000 - Health and social work services
two.2.3) Place of performance
NUTS codes
- UKN0 - Northern Ireland
two.2.4) Description of the procurement at the time of conclusion of the contract:
Provision of Domiciliary Care Services in the Western Health and Social Care Trust Area
Lot 1 Cityside / Shantallow
Guaranteed Hours 3,186 hours per week
Estimated Time Specific Hours 1,062 hours per week
two.2.7) Duration of the contract, framework agreement, dynamic purchasing system or concession
Duration in months
60
two.2.13) Information about European Union Funds
The procurement is related to a project and/or programme financed by European Union funds: No
Section four. Procedure
four.2) Administrative information
four.2.1) Contract award notice concerning this contract
Notice number: 2016/S 200-361245
Section five. Award of contract/concession
Contract No
12279
Title
Provision of Domiciliary Care Services in the Western Health and Social Care Trust Area - Lot 1 Cityside / Shantallow
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract/concession award decision:
9 September 2016
five.2.2) Information about tenders
The contract/concession has been awarded to a group of economic operators: Yes
five.2.3) Name and address of the contractor/concessionaire
North West Care and Support Ltd
Roe Business Centre, Room F2 and F3, 4-6 Killane Road
Limavady
BT49 0DN
Telephone
+44 2877723514
Country
United Kingdom
NUTS code
- UKN0 - Northern Ireland
Internet address
The contractor/concessionaire is an SME
No
five.2.3) Name and address of the contractor/concessionaire
Bryson Care West
Belfast
BT6 8DN
Telephone
+44 2890325835
Country
United Kingdom
NUTS code
- UKN0 - Northern Ireland
Internet address
The contractor/concessionaire is an SME
No
five.2.3) Name and address of the contractor/concessionaire
Strabane and District Caring Services
Strabane
BT82 9AE
jacqui@strabanedistrictcaring.com
Telephone
+44 2871884986
Country
United Kingdom
NUTS code
- UKN0 - Northern Ireland
Internet address
www.strabanedistrictcaring.com
The contractor/concessionaire is an SME
No
five.2.4) Information on value of the contract/lot/concession (at the time of conclusion of the contract;excluding VAT)
Total value of the procurement: £14,000,000
Section six. Complementary information
six.4) Procedures for review
six.4.1) Review body
The High Court of Justice In Northern Ireland
Royal Courts of Justice, Chichester Street
Belfast
BT1 3JF
Telephone
+00 03002007812
Fax
+44 2890724799
Country
United Kingdom
Internet address
https://www.justice-ni.gov.uk/topics/courts-and-tribunals
six.4.3) Review procedure
Precise information on deadline(s) for review procedures
An economic operator that suffers, or risks suffering, loss or damage attributable to a breach of duty under the Public Contracts Regulations 2015 (SI 2015/102) (as amended) may bring proceedings to the High Court (Northern Ireland). Any such proceedings are subject to the time limits as detailed in the Public Contracts Regulations 2015 (SI 2015/102) (as amended).
Section seven: Modifications to the contract/concession
seven.1) Description of the procurement after the modifications
seven.1.1) Main CPV code
- 98000000 - Other community, social and personal services
seven.1.2) Additional CPV code(s)
- 98000000 - Other community, social and personal services
- 85000000 - Health and social work services
seven.1.3) Place of performance
NUTS code
- UKN0 - Northern Ireland
seven.1.4) Description of the procurement:
Provision of Domiciliary Care Services in the Western Health and Social Care Trust Area
Lot 1 Cityside / Shantallow
The Department of Health Northern Ireland (“DoH NI”) direction referred to at VII.2.1 and VII.2.2. states the following:
“The overarching principles of this additional funding is to ensure that Independent Sector providers deliver significant improvements in the pay, and terms and conditions for staff across the sector. This has been emphasised to the sector representatives who have committed to ensuring that the uplift in funding will be utilised to stabilise and increase capacity across the sector. It is also the Department’s expectation that Trusts will work proactively with the sector to maximise capacity within areas of greatest need in terms of step-down and discharge from hospitals, waiting lists and unmet need. The Department will also continue to engage with the sector to drive these changes.”
seven.1.5) Duration of the contract, framework agreement, dynamic purchasing system or concession
Duration in months
60
seven.1.6) Information on value of the contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession:
£17,456,808
seven.1.7) Name and address of the contractor/concessionaire
North West Care and Support Ltd
Roe Business Centre, Room F2 and F3, 4-6 Killane Road
Limavady
BT49 0DN
Telephone
+44 2877723514
Country
United Kingdom
NUTS code
- UKN0 - Northern Ireland
Internet address
The contractor/concessionaire is an SME
No
seven.1.7) Name and address of the contractor/concessionaire
Bryson Care West
2 Rivers Edge, 13-15 Ravenhill Road
Belfast
BT6 8DN
Telephone
+44 2890325835
Country
United Kingdom
NUTS code
- UKN0 - Northern Ireland
Internet address
The contractor/concessionaire is an SME
No
seven.1.7) Name and address of the contractor/concessionaire
Strabane and District Caring Services
32-36 Bridge Street
Strabane
BT82 9AE
jacqui@strabanedistrictcaring.com
Telephone
+44 2871884986
Country
United Kingdom
NUTS code
- UKN0 - Northern Ireland
Internet address
www.strabanedistrictcaring.com
The contractor/concessionaire is an SME
No
seven.2) Information about modifications
seven.2.1) Description of the modifications
Nature and extent of the modifications (with indication of possible earlier changes to the contract):
The Health Minister made an announcement on 24th November 2021 that additional funding for pressures on service provision within the Independent Domiciliary Care sector (“Additional Funding”) would be available for the current financial year for the domiciliary care sector.
Following this announcement, the DoH NI made a direction in respect of this Additional Funding.
The Western Health and Social Care Trust (“the Trust”) is bound by statute to comply with directions of the DoH NI and as such to make payment as directed of an increased Hourly Rate of £18.00 to its current domiciliary care providers for the period from 1 November 2021 until 31 March 2022.
The direction from the DoH NI states:-
“The overarching principles of this additional funding is to ensure that Independent Sector providers deliver significant improvements in the pay, and terms and conditions for staff across the sector. This has been emphasised to the sector representatives who have committed to ensuring that the uplift in funding will be utilised to stabilise and increase capacity across the sector. It is also the Department’s expectation that Trusts will work proactively with the sector to maximise capacity within areas of greatest need in terms of step-down and discharge from hospitals, waiting lists and unmet need. The Department will also continue to engage with the sector to drive these changes.”
In compliance with this statutory obligation to comply with the DoH NI direction, the Trust therefore issued a letter dated 22 December 2021 to all current Providers to vary the Contract in respect of this direction.
The Trust refers also to its responses below at VII.2.2 and VII.2.3.
seven.2.2) Reasons for modification
Need for modification brought about by circumstances which a diligent contracting authority/entity could not foresee.
Description of the circumstances which rendered the modification necessary and explanation of the unforeseen nature of these circumstances:
The Trust refers to its response at VII.2.1 above.
The first condition of this ground under Regulation 72(1)(c)(i) PCR 2015 is that the need for modification has been brought about by circumstances which a diligent contracting authority could not have foreseen.
Regulation 72(1)(c)(i) PCR 2015 is satisfied in respect of this modification as the need for modification has been brought about by external circumstances, being the referred DoH NI direction, which a diligent contracting authority could not have foreseen when the Trust awarded these contracts back in 2016.
The DoH NI direction has been brought about by exceptional circumstances; the need identified by the DoH NI to provide the Additional Funding to the independent domiciliary care sector is as a result of the Covid-19 pandemic and the exceptional and unforeseen pressures on the domiciliary care sector and this critical frontline service.
The second condition of this ground under Regulation 72(1)(c)(ii) is that the modification does not alter the overall nature of the contract.
Here the service, being a domiciliary care service, is unchanged. As such, the modification does not alter the overall nature of the contract and therefore satisfies Regulation 72(1)(c)(ii).
The final condition of this ground under Regulation 72(c)(iii) is met in that the increase in price does not exceed 50% of the value of the original contract. The increase in price for lot 1 is £503,576 and the value of the original contract for Lot 1 is £14,000,000
seven.2.3) Increase in price
Updated total contract value before the modifications (taking into account possible earlier contract modifications, price adaptions and average inflation)
Value excluding VAT: £16,953,232
Total contract value after the modifications
Value excluding VAT: £17,456,808