Section one: Contracting authority/entity
one.1) Name and addresses
Western Health and Social Care Trust
MDEC Building, Altnagelvin Area Hospital, Glenshane Road
Derry
BT47 6SB
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)
- 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 6 Enniskillen
Guaranteed Hours 1,692 hours per week;
Estimated Time Specific Hours 912 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 6 Enniskillen
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
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
Care Plus
Enniskillen
BT74 4RL
Country
United Kingdom
NUTS code
- UKN0 - Northern Ireland
Internet address
https://www.careplushomecare.co.uk
The contractor/concessionaire is an SME
Yes
five.2.3) Name and address of the contractor/concessionaire
Lakeland Community Care Ltd
Belcoo
BT93 5AQ
Country
United Kingdom
NUTS code
- UKN0 - Northern Ireland
Internet address
https://www.lakelandcare.org.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: £9,452,138
Section six. Complementary information
six.3) Additional information
DoH directed for the financial year 25/26: An increase from £20.01 to £21.35 per hour. Hourly Rate Variation with effect from 26.11.25, to increase the Hourly Rate to £21.35 per hour from 01.12.25 – 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 therefore satisfies Reg 72(1)(c)(ii). Reg 72(1)(c)(iii) is met in that the increase in price for Lot 6 does not exceed 50% of the value of the original contract. The increase in price for Lot 6 is £2,830,182 and the value of the original Contracts for Lot 6 is £9,452,138.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 Reg 72(1)(c)(i) PCR 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, 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 1.04.23 until 29.02.24. The service, being a domiciliary care service, is unchanged. As such the modification does not alter the overall nature of the Contract and satisfies Reg 72(1)(c)(ii). Reg 72(1)(c)(iii) is met in that the increase in price for Lot 6 does not exceed 50% of the value of the original contract. The increase in price for Lot 6 is £236003 and the value of the original Contracts for Lot 6 is £9452138. Increase in price Updated total contract value before the modifications: £11801133 Total contract value after the modifications: £12037136. MODIFICATION 2 Duration of contract in months: 93 Description of the modifications Extension to Contract Period and DoH Direction Reasons for modification Reg 72(1)(c)(i) PCR 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 before the expiry of the current Contracts in Lot 6 on 29.02.24. 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 6 to include one further period of extension of 9 months commencing on 01.03.24 and expiring on 30.11.24. 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 01.03.24 – 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 6 does not exceed 50% of the value of the original contract. The increase in price for Lot 6 is £1,693,721 and the value of the original Contracts for Lot 6 is £9,452,138. Increase in price Updated total contract value before the modifications: £12,037,136 Total contract value after the modifications: £13,730,857. MODIFICATION 3 Description of the modifications DoH Direction Reasons for modification Regulation 72(1)(c)(i) PCR 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. 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 30.11.24. 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 6 does not exceed 50% of the value of the original contract. The increase in price for Lot 6 is £249,103 and the value of the original Contracts for Lot 6 is £9,452,138. Increase in price Updated total contract value before the modifications: £13,730,857 Total contract value after the modifications: £13,979,960. MODIFICATION 4 Duration of the contract in months: 105 Description of the modifications Extension to Contract Period and DoH Direction Reasons for modification Reg 72(1)(c)(i) PCR 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 27.11.24 to vary the Contract Period in Lot 6 Contracts to include one further period of extension of 12 months commencing on 01.12.24 and expiring on 30.11.25. 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 30.11.24. 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.” With effect from 27.11.24, the Hourly Rate under Contracts in Lot 6 is increased to £20.01 per hour from 01.12.24 until 31.03.25. 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 Reg 72(1)(c)(ii). Reg 72(1)(c)(iii) is met in that the increase in price for Lot 6 does not exceed 50% of the value of the original contract. The increase in price for Lot 6 is £2723407 and the value of the original Contracts for Lot 6 is £9,452,138. Increase in price Updated total contract value before the modifications: £13,979,960 Total contract value after the modifications: £16703367 . MODIFICATION 5 Description of the modifications DoH Direction Reasons for modification Reg 72(1)(c)(i) PCR 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 states 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 1.04.25. With effect from 1.04.25, the Hourly Rate in Contracts in Lot 6 is increased to £21.35 per hour from 1.04.25 until 30.11.25. The service, being a domiciliary care service, is unchanged. As such the modification does not alter the overall nature of the Contract and satisfies Reg 72(1)(c)(ii). Reg 72(1)(c)(iii) is met in that the increase in price for Lot 6 does not exceed 50% of the value of the original contracts. The increase in price for Lot 6 is £265584 and the value of the original Contracts for Lot 6 is £9452138. Increase in price Updated total contract value before the modifications: £16703367 Total contract value after the modifications: £16968951.
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
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)
- 85000000 - Health and social work services
- 98000000 - Other community, social and personal services
seven.1.3) Place of performance
NUTS code
- UKN0 - Northern Ireland
seven.1.4) Description of the procurement:
MODIFICATION NUMBER 6 - variation date 26.11.2025 the Contract Period Extension Variation for 1.12.25 – 30.11.26 (see VI.3 Additional Information for details of previous modifications)
NOTE North West Care and Support Ltd (NWC) contract ended on 9.11.25 and in accordance with Regulation 72(1)(a) PCR 15 the required Service which would otherwise have been referred to or delivered by North West Care and Support Ltd is divided between the remaining providers in Lot 6 in accordance with paragraph 8.1 of the Specification effective from 10.11.25.
For MODIFICATION NUMBER 5 the hourly rate in NWC Contract was increased to £21.35 from the 1st April 2025 until 9th November 2025
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:
£19,799,133
seven.1.7) Name and address of the contractor/concessionaire
Care Plus
Unit 62/63, Enniskillen Business Centre, 21 Lackaboy Road
Enniskillen
BT74 4RL
Country
United Kingdom
NUTS code
- UKN0 - Northern Ireland
Internet address
https://www.careplushomecare.co.uk
The contractor/concessionaire is an SME
Yes
seven.1.7) Name and address of the contractor/concessionaire
Lakeland Community Care Ltd
Belcoo
BT93 5AQ
Country
United Kingdom
NUTS code
- UKN0 - Northern Ireland
Internet address
https://www.lakelandcare.org.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):
Nature and extent of the modifications (with indication of possible earlier changes to the contract):
Extension to Contract Period
Department of Health Direction
The Trust refers to its response 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:
See VII.2.1. Reg 72(1)(c)(i) PCR 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.The re-tender of this Service is currently at evaluation stage. The tender was delayed as a result of unforeseen DoH & NI public procurement policy as well as DoH direction relating to the HSC financial position which materially impacted upon the tender. As such new contracts under the tender will not be awarded & the service transitioned & commenced thereunder before the expiry of current Contracts on 30.11.25. In order to ensure the continued & uninterrupted service delivery of this critical frontline service in the interim, the Trust issued letter dated 26.11.25 to amend Contracts with effect from 26.11.25 to amend Contracts in Lot 6 with effect from 01.12.25 & expiring on 30.11.26. DoH directed for the financial year 25/26: 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: £16,968,951
Total contract value after the modifications
Value excluding VAT: £19,799,133