Section one: Contracting authority/entity
one.1) Name and addresses
Western Health and Social Care Trust
MDEC Building, Altnagelvin Area Hospital, Glenshane Road
Derry
BT12 6HU
contracts@westerntrust.hscni.net
Country
United Kingdom
Region code
UKN0 - Northern Ireland
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)
- 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
12779
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
2 Rivers Edge, 13-15 Ravenhill Rd
Belfast
BT6 8DN
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
Country
United Kingdom
NUTS code
- UKN0 - Northern Ireland
Internet address
https://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
Country
United Kingdom
NUTS code
- UKN0 - Northern Ireland
Internet address
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: £170,520,225
Section six. Complementary information
six.3) Additional information
VII.2.2 continued: 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). Regulation 72(1)(c)(iii) is met in that the increase in price for Lot 2 does not exceed 50% of the value of the original contract. The increase in price for Lot 2 is £5,545,849 and the value of the original Contracts for Lot 2 is £17,052,225.Extension of Contract Period: PREVIOUS MODIFICATIONS STARTING WITH THE OLDEST AND ENDING WITH THE MOST RECENT PRIOR TO MODIFICATION 6 MODIFICATION 1 Description of the modifications DoH Direction Reasons for modification Regulation 72(1)(c)(i) PCR 2015 is satisfied as the need for modification has been brought about by external circumstances, which a diligent contracting authority could not have foreseen when the Trust awarded these contracts back in 2016. DoH directed for the financial year 23/24: Reversal of the £0.08 per hour in respect of the reversal of the National Insurance Levy referred to in the Trust’s letter of 14.08.23, bringing the hourly rate to £18.00 per hour; and An increase from £18.00 to £18.54 per hour. With effect from 01.04.23 the Hourly Rate is increased to £18.54 from 01.04.23 until 31.03.24. 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). Regulation 72(1)(c)(iii) is met in that the increase in price for Lot 2 does not exceed 50% of the value of the original contract. The increase in price for Lot 2 is £755,000 and the value of the original Contracts for Lot 2 is £17,052,225. Increase in price Updated total contract value before the modifications: £31,090,200 Total contract value after the modifications: £31,845,200. MODIFICATION 2 Duration of the contract in months: 93 Description of the modifications Extension to Contract Period and DoH Direction Reasons for modification Regulation 72(1)(c)(i) PCR 2015 is satisfied as the need for modification has been brought about by external circumstances, which a diligent contracting authority could not have foreseen when the Trust awarded these contracts back in 2016. Extension of Contract Period The Trust is preparing to re-tender this Service. This re-procurement exercise has been delayed as a result of the matters detailed in the Trust’s letter dated 23.02.23, as well as unforeseen DoH direction relating to the HSC financial position, which impacts upon the re-procurement process. As such, new contracts under the re-procurement exercise will not be awarded and the service transitioned and commenced thereunder before the expiry of the current Contracts in Lot 2 on 30.06.24. In order to ensure the continued and uninterrupted service delivery of this critical front line service in the interim, the Trust issued a letter dated 20.02.24 to amend the Contract Period in Contracts in Lot 1 to include one further period of extension of 9 months commencing on 01.07.24 and expiring on 31.03.25. DoH Direction DoH directed for the financial year 23/24: Reversal of the £0.08 per hour in respect of the reversal of the National Insurance Levy referred to in the Trust’s letter of 14.08.23, bringing the hourly rate to £18.00 per hour; and An increase from £18.00 to £18.54 per hour. With effect from 20.02.24, the Hourly Rate is increased to £18.54 per hour from 01.03.23 – 31.03.24. 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). Regulation 72(1)(c)(iii) is met in that the increase in price for Lot 2 does not exceed 50% of the value of the original contract. The increase in price for Lot 2 is £3,768,700 and the value of the original Contracts for Lot 2 is £17,052,225. Increase in price Updated total contract value before the modifications: £31,845,200 Total contract value after the modifications: £35,613,901.MODIFICATION 3 Description of the modifications DoH Direction Reasons for modification 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, which a diligent contracting authority could not have foreseen when the Trust awarded these contracts back in 2016. DoH directed for the financial year 24/25: In observance of the important role of Providers and their requirements as an employer, funding is provided by DoH to address the requirements of the National Living Wage increase, effective from 01.04.24. The DoH has directed that the Trust increase the Hourly Rate under the Contract from £18.54 to £20.01 per hour for 24/25, with effect from 01.04.24. The DoH direction states: “It would be expected that this increase would be used to support wage rates within the sector and therefore support sustainability and capacity for this vital service.” With effect from 01.04.24, the Hourly Rate is increased to £20.01 per hour from 01.04.24 until 31.03.25. In observation of inflationary pressures, the DoH has also directed a non-recurrent support package for Providers for 23/24, to support inflationary pressures. This is paid on a non-recurrent basis at an additional £0.20 per hour, effective from 01.04.23 to 31.03.24. The £0.20 per hour financial support is provided on the Guaranteed Hours and hours under the Time Specific Model paid for the period 01.04.23 to 31.03.24. Payment of this financial support was made by the Trust on 03.05.24. 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). Regulation 72(1)(c)(iii) is met in that the increase in price for Lot 2 does not exceed 50% of the value of the original contract. The increase in price for Lot 2 is £802,080 and the value of the original Contracts for Lot 2 is £17,052,225. Increase in price Updated total contract value before the modifications: £35,613,901. Total contract value after the modifications: £36,415,981. MODIFICATION 4 Duration of the contract in months: 105. Description of the modifications Extension to Contract Period and DoH Direction Reasons for modification Regulation 72(1)(c)(i) PCR 2015 is satisfied as the need for modification has been brought about by external circumstances, which a diligent contracting authority could not have foreseen when the Trust awarded these contracts back in 2016. Extension of Contract Period In order to ensure the continued and uninterrupted service delivery of this critical front line service the Trust issued a letter 07.03.25 to vary the Contract Period in Lot 2 Contracts to include one further period of extension of 12 months commencing on 01.04.25 and expiring on 31.03.26. The Trust has recently advertised the re-tender of this Service. The re-procurement exercise was delayed as a result of unforeseen DoH, regional HSC and NI public procurement policy as well as DoH direction relating to the HSC financial position which materially impacted upon the re-tender exercise. As such new contracts under the re-procurement exercise will not be awarded and the service transitioned and commenced thereunder before the expiry of the current Contract on 31.03.25. DoH Direction DoH directed for the financial year 24/25: In observance of the important role of Providers and their requirements as an employer, funding is provided by DoH to address the requirements of the National Living Wage increase, effective from 01.04.24. DoH has directed that the Trust increase the Hourly Rate under the Contract from £18.54 to £20.01 per hour for 24/25, with effect from 01.04.24. The DoH direction states “It would be expected that this increase would be used to support wage rates within the sector and therefore support sustainability and capacity for this vital service.” 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). Regulation 72(1)(c)(iii) is met in that the increase in price for Lot 2 does not exceed 50% of the value of the original contract. The increase in price for Lot 2 is £5,356,852 and the value of the original Contracts for Lot 2 is £17,052,225. Increase in price Updated total contract value before the modifications: £36,415,981. Total contract value after the modifications: £41,772,833. MODIFICATION 5 Description of the modifications DoH Direction Reasons for modification Regulation 72(1)(c)(i) PCR 2015 is satisfied as the need for modification has been brought about by external circumstances, which a diligent contracting authority could not have foreseen when the Trust awarded these contracts back in 2016. DoH directed for the financial year 25/26 with effect from 01.04.25: An increase from £20.01 to £21.35 per hour. DoH has confirmed this increase is intended to support wage rates within the sector, in the context of the increase to the National Living Wage, and the impact of changes to employer National Insurance contribution requirements from 01.04.25. With effect from 01.04.25, the Hourly Rate in Contracts in Lot 2 is increased to £21.35 per hour from 01.04.25 until 31.03.26. The service, being a domiciliary care service, is unchanged. As such the modification does not alter the overall nature of the Contract and satisfies Regulation 72(1)(c)(ii). Regulation 72(1)(c)(iii) is met in that the increase in price for Lot 2 does not exceed 50% of the value of the original contracts. The increase in price for Lot 2 is £807,520 and the value of the original Contracts for Lot 2 is £17,052,225. Increase in price Updated total contract value before the modifications: £41,772,833 Total contract value after the modifications: £42,580,353.
six.4) Procedures for review
six.4.1) Review body
The High Court of Justice In Northern Ireland, Royal Courts of Justice
Belfast
BT1 3JF
Telephone
+00 03002007812
Country
United Kingdom
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:
MODIFICATION NUMBER 6 - variation date 26 November 2025 - Contract Period Extension Variation for 1 April 2026 - 31 March 2027 and Hourly Rate Variation for £21.35 per hour from 1 April 2025 – 31 March 2026
(see VI.3 Additional Information for details of previous modifications)
seven.1.5) Duration of the contract, framework agreement, dynamic purchasing system or concession
Duration in months
117
seven.1.6) Information on value of the contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession:
£48,126,202
seven.1.7) Name and address of the contractor/concessionaire
Bryson Care
2 Rivers Edge, 13-15 Ravenhill Rd
Belfast
BT6 8DN
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
2 Rivers Edge, 13-15 Ravenhill Rd
Belfast
BT6 8DN
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
Country
United Kingdom
NUTS code
- UKN0 - Northern Ireland
Internet address
https://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):
Nature and extent of the modifications (with indication of possible earlier changes to the contract):
Extension to Contract Period
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 response at VII.2.1. 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, which a diligent contracting authority could not have foreseen when the Trust awarded these contracts back in 2016.The re-tender of this Service is currently at evaluation stage. The tender was delayed as a result of unforeseen DoH and NI public procurement policy as well as DoH direction relating to the HSC financial position which materially impacted upon the tender. In order to ensure the continued and uninterrupted service delivery of this critical front line service in the interim, the Trust issued letter dated 26.11.25 to amend the Contracts in Lot 2 with effect from 01.04.26 so that the Contract Period is amended to include one further period of extension of 12 months commencing on 01.04.26 and expiring on 31.03.27.. Continued VI.3
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: £42,580,353
Total contract value after the modifications
Value excluding VAT: £48,126,202