Awarded contract

Provision of Domiciliary Care Services in the Western Health and Social Care Trust Area

  • Western Health and Social Care Trust

F20: Modification notice

Notice reference: 2022/S 000-000993

Published 13 January 2022, 11:15am



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

Email

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

https://etendersni.gov.uk/epps


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 2 Waterside

Guaranteed Hours 3,255 hours per week;

Estimated Time Specific Hours 1,215 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 2 Waterside

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

Bryson Care West

2 Rivers Edge, 13-15 Ravenhill Road

Belfast

BT6 8DN

Email

jmarley@brysongroup.org

Telephone

+44 2890325835

Country

United Kingdom

NUTS code
  • UKN0 - Northern Ireland
Internet address

www.brysongroup.org

The contractor/concessionaire is an SME

No

five.2.3) Name and address of the contractor/concessionaire

Strabane and District Caring Services

Strabane

Email

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.2.3) Name and address of the contractor/concessionaire

North West Care and Support Ltd

Limavady

Email

shaunairwin@nwcare.co.uk

Telephone

+44 2877723514

Country

United Kingdom

NUTS code
  • UKN0 - Northern Ireland
Internet address

www.nwcare.co.uk

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

Email

adminoffice@courtsni.gov.uk

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 2 Waterside

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:

£17,921,280

seven.1.7) Name and address of the contractor/concessionaire

Bryson Care West

2 Rivers Edge, 13-15 Ravenhill Road

Belfast

BT6 8DN

Email

jmarley@brysongroup.org

Telephone

+44 2890325835

Country

United Kingdom

NUTS code
  • UKN0 - Northern Ireland
Internet address

www.brysongroup.org

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

Email

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.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

Email

shaunairwin@nwcare.co.uk

Telephone

+44 2877723514

Country

United Kingdom

NUTS code
  • UKN0 - Northern Ireland
Internet address

www.nwcare.co.uk

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 2 is £479,154 and the value of the original contract for Lot 2 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: £17,442,126

Total contract value after the modifications

Value excluding VAT: £17,921,280