Services - 238335-2022

04/05/2022    S87

United Kingdom-Derry: Other community, social and personal services

2022/S 087-238335

Modification notice

Modification of a contract/concession during its term

Legal Basis:
Directive 2014/24/EU

Section I: Contracting authority/entity

I.1)Name and addresses
Official name: Western Health and Social Care Trust
Postal address: MDEC Building, Altnagelvin Area Hospital, Glenshane Road
Town: Derry
NUTS code: UKN0 Northern Ireland
Postal code: BT47 6SB
Country: United Kingdom
E-mail: info.contracts@westerntrust.hscni.net
Telephone: +44 2871345171
Internet address(es):
Main address: www.westerntrust.hscni.net
Address of the buyer profile: https://etendersni.gov.uk/epps

Section II: Object

II.1)Scope of the procurement
II.1.1)Title:

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

II.1.2)Main CPV code
98000000 Other community, social and personal services
II.1.3)Type of contract
Services
II.2)Description
II.2.2)Additional CPV code(s)
98000000 Other community, social and personal services
85000000 Health and social work services
II.2.3)Place of performance
NUTS code: UKN0 Northern Ireland
II.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 3 Limavady

Guaranteed Hours 1,953 per week

Estimated Time Specific Hours 1,053 hours per week

II.2.7)Duration of the contract, framework agreement, dynamic purchasing system or concession
Duration in months: 60
II.2.13)Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no

Section IV: Procedure

IV.2)Administrative information
IV.2.1)Contract award notice concerning this contract
Notice number in the OJ S: 2016/S 200-361245

Section V: Award of contract/concession

Contract No: 12279
Title:

Provision of Domiciliary Care Services in the Western Health and Social Care Trust Area Lot 3

V.2)Award of contract/concession
V.2.1)Date of conclusion of the contract/concession award decision:
09/09/2016
V.2.2)Information about tenders
The contract/concession has been awarded to a group of economic operators: yes
V.2.3)Name and address of the contractor/concessionaire
Official name: Bryson Care West
Postal address: 2 Rivers Edge, 13-15 Ravenhill Rd
Town: Belfast
NUTS code: UKN0 Northern Ireland
Postal code: BT6 8DN
Country: United Kingdom
E-mail: jmarley@brysongroup.org
Telephone: +44 290325835
Internet address: www.brysongroup.org
The contractor/concessionaire is an SME: no
V.2.3)Name and address of the contractor/concessionaire
Official name: North West Care and Support Ltd
Town: Limavady
NUTS code: UKN0 Northern Ireland
Postal code: BT49 0DN
Country: United Kingdom
E-mail: shaunairwin@nwcare.co.uk
Telephone: +44 2877723514
Internet address: www.nwcare.co.uk
The contractor/concessionaire is an SME: no
V.2.3)Name and address of the contractor/concessionaire
Official name: Connected Health Limited
Town: Belfast
NUTS code: UKN0 Northern Ireland
Postal code: BT12 6QH
Country: United Kingdom
E-mail: douglas.adams@connectedhealth.co.uk
Telephone: +44 2890265516
Internet address: www.connected-health.co.uk
The contractor/concessionaire is an SME: yes
V.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: 9 500 000.00 GBP

Section VI: Complementary information

VI.3)Additional information:

Reference VII.2.2 continued. .Extension of Contract Period. The Trust is preparing to re-tender this Service. Unfortunately, this reprocurement exercise has been delayed as a result of the Covid-19 pandemic, and in particular due to staff diversion to deal with urgent and unforeseen Covid-19 consequences and exceptional pressures on the domiciliary care sector, this front line service and other critical areas affected by Covid-19. As such, new contracts under the re-procurement exercise will not be in place before the expiry of the current Contracts in Lot 3 on 28th February 2022. 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 24th February 2022 to amend the Contracts in Lot 3 with effect from 1st March 2022 (Variation Date) so that the Contract Period shall be amended to include one further period of extension of 12 months commencing on

1st March 2022 and expiring on 28th February 2023. . Department of Health Direction. 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 3 is £2,985,705

and the value of the original Contracts for Lot 3 is £9,500,000.

VI.4)Procedures for review
VI.4.1)Review body
Official name: The High Court of Justice In Northern Ireland, Royal Courts of Justice
Postal address: Chichester Street
Town: Belfast
Postal code: BT1 3JF
Country: United Kingdom
E-mail: adminoffice@courtsni.gov.uk
Telephone: +00 03002007812
Fax: +44 2890724799
Internet address: https://www.justice-ni.gov.uk/topics/courts-and-tribunals
VI.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).

VI.5)Date of dispatch of this notice:
29/04/2022

Section VII: Modifications to the contract/concession

VII.1)Description of the procurement after the modifications
VII.1.1)Main CPV code
98000000 Other community, social and personal services
VII.1.2)Additional CPV code(s)
98000000 Other community, social and personal services
85000000 Health and social work services
VII.1.3)Place of performance
NUTS code: UKN0 Northern Ireland
VII.1.4)Description of the procurement:

Provision of Domiciliary Care Services in the Western Health and Social Care Trust (“the Trust”) Area

Lot 3 Limavady

The Trust refers to its response at VII.2.1 and VII.2.2.

Extension to Contract Period

The Trust issued a letter dated 24th February 2022 to amend the Contracts in Lot 3 with effect from 1st March 2022 (Variation Date) so that the Contract Period shall be amended to include one further period of extension of 12 months commencing on 1st March 2022 and expiring 28th February 2023.

Department of Health Direction

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.”

VII.1.5)Duration of the contract, framework agreement, dynamic purchasing system or concession
Duration in months: 72
VII.1.6)Information on value of the contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession: 18 781 688.00 GBP
VII.1.7)Name and address of the contractor/concessionaire
Official name: Bryson Care West
Postal address: 2 Rivers Edge, 13-15 Ravenhill Rd
Town: Belfast
NUTS code: UKN0 Northern Ireland
Postal code: BT6 8DN
Country: United Kingdom
E-mail: jmarley@brysongroup.org
Telephone: +44 290325835
Internet address: www.brysongroup.org
The contractor/concessionaire is an SME: no
VII.1.7)Name and address of the contractor/concessionaire
Official name: North West Care and Support Ltd
Town: Limavady
NUTS code: UKN0 Northern Ireland
Postal code: BT49 0DN
Country: United Kingdom
E-mail: shaunairwin@nwcare.co.uk
Telephone: +44 2877723514
Internet address: www.nwcare.co.uk
The contractor/concessionaire is an SME: no
VII.1.7)Name and address of the contractor/concessionaire
Official name: Connected Health Limited
Town: Belfast
NUTS code: UKN0 Northern Ireland
Postal code: BT12 6QH
Country: United Kingdom
E-mail: douglas.adams@connectedhealth.co.uk
Telephone: +44 2890265516
Internet address: www.connected-health.co.uk
The contractor/concessionaire is an SME: yes
VII.2)Information about modifications
VII.2.1)Description of the modifications
Nature and extent of the modifications (with indication of possible earlier changes to the contract):

See the Trust’s response at VII.2.2.

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 financial year 2021/2022 for the domiciliary care sector. Following this announcement, the DoH NI made a direction in respect of this Additional Funding. 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 – 31 March 2022.

See also the Trust’s response at VII.1.4.

In compliance with this statutory obligation to comply with the DoH NI direction, the Trust therefore issued a letter dated 24th February 2022 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

VII.2.2)Reasons for modification
Need for modification brought about by circumstances which a diligent contracting authority/entity could not foresee (Art. 43(1)(c) of Directive 2014/23/EU, Art. 72(1)(c) of Directive 2014/24/EU, Art. 89(1)(c) of Directive 2014/25/EU)
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, which a diligent contracting authority could not have foreseen when the Trust awarded these Contracts back in 2016. This is continued in VI.3 Additional information

VII.2.3)Increase in price
Updated total contract value before the modifications (taking into account possible earlier contract modifications and price adaptions and, in the case of Directive 2014/23/EU, average inflation in the Member State concerned)
Value excluding VAT: 15 795 984.00 GBP
Total contract value after the modifications
Value excluding VAT: 18 781 688.00 GBP