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
BT476SB
info.contracts@westerntrust.hscni.net
Telephone
+44 2871345171
Country
United Kingdom
NUTS code
UK - United Kingdom
Internet address(es)
Main address
https://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 Lot6 Extension
two.1.2) Main CPV code
- 98000000 - Other community, social and personal services
two.1.3) Type of contract
Services
two.1.4) Short description
Provision of Domiciliary Care Services in the Western Health and Social Care Trust Area Lot 6 Enniskillen Guaranteed Hours 1,692 hours per week; Estimated Time Specific Hours 912 hours per week
Section six. Complementary information
six.6) Original notice reference
Notice number: 2016/S 200-361245
Section seven. Changes
seven.1.2) Text to be corrected in the original notice
Section number
VI.1.4)
Place of text to be modified
VII.1.4 Description of the procurement. Section to be modified is Section VII.1.4 not Section VI.1.4 as stated.
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Text
Department of Health Direction see Trust’s response at VII.2.2
Section number
VI.2.1)
Place of text to be modified
VII.2.1 Description of Modification. Section to be modified is VII.2.1 not VI.2.1
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Text
Also refer to Department of Health Direction stated in section VII.2.2 and VII.2.3
Section number
VI.1.3)
Place of text to be modified
VI.3 Additional information . (please note section to be modified is VI.3 not section VI.1.3)
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Text
Reference VII.2.2 continued. The Trust is preparing......
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Text
Reference VII.2.2 continued: Extension of Contract Period. The Trust is preparing...
Section number
VI.3.1)
Place of text to be modified
VI.3 Additional information (please note section to be modified is VI.3 not VI.3.1)
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Text
In order to ensure the continued and uninterrupted service delivery of this critical front line service, in the interim, the Trust issued a letter 23 February 2023 to amend the Contracts in Lot 3 with effect from 23rd February 2023 (Variation Date) so that the Contract Period shall be amended to include one further period of extension of 12 months commenting on 1st March 2023 and expiring on 29th February 2024.
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.
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Text
In order to ensure the continued and uninterrupted service delivery of this critical front line service, in the interim, the Trust issued a letter 23 February 2023 to amend the Contracts in Lot 3 with effect from 23rd February 2023 (Variation Date) so that the Contract Period shall be amended to include one further period of extension of 12 months commenting on 1st March 2023 and expiring on 29th February 2024.
Department of Health Direction
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 Department of Health Northern Ireland (“DoH NI”) made a direction in respect of this Additional Funding.
The direction from the DoH NI stated:-
“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.”
The Trust issued a letter dated 22nd December 2021 to current Providers to vary the Contract to increase Providers’ Hourly Rates to £18.00 per hour from 1st November 2021 until 28th February 2022 and a letter dated 24 February 2022 to vary the Contract to increase Providers’ Hourly Rates to £18.00 per hour from 1-31 March 2022 in accordance with the above noted direction of the DoH NI.
The DoH NI further directed as follows:
(1) that the Additional Funding referred to above of £18.00 per hour continue to be paid for the financial year 2022/2023; and
(2) that the hourly rate of £18.00 referred to above should be further increased to £18.08 per hour to reflect the increase in the 2022/23 Employers National Insurance Contribution rate to ensure that the ability of Providers to improve the terms and conditions for their staff is not diminished with the implementation of the statutory increase in Employers National Insurance Contribution rates.
The Trust issued a letter dated 23 February 2023 to current Providers to vary the Contract to increase Providers’ Hourly Rates to £18.08 per hour from 1st April 2022 until 28th February 2023 in accordance with the above noted direction of the DoH NI.
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 £18.08 to its current domiciliary care providers for the period from 1st March 2023 until 31 March 2023.
In compliance with this statutory obligation to comply with the DoH NI direction, the Trust therefore issued a further letter dated 23 February 2023 to all current Providers to vary the Contract in respect of this direction.
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.