Other community, social and personal services (Великобритания (Англия, Шотландия, Уэльс) - Тендер #42281083)

Provision of Domiciliary Care Services in the Western Health and Social Care Trust Area - Lot 5 Rate

Provision of Domiciliary Care Services in the Western Health and Social Care Trust Area - Lot 5 Rate

Provision of Domiciliary Care Services in the Western Health and Social Care Trust Area Lot 5 Irvinestown.

Guaranteed Hours 2,535 hours per week;

Estimated Time Specific Hours 1,365 hours per week

Provision of Domiciliary Care Services in the Western Health and Social Care Trust Area - Lot 5 Irvinestown

Continued on from Section VII.2.2. 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 5 is £404,050 and the value of the original Contracts for Lot

5 is £12,000000.

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).

Provision of Domiciliary Care Services in the Western Health and Social Care Trust (“the Trust”) Area Lot 5 Irvinestown

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

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 all current Providers to vary the Contract to increase Providers’ Hourly Rates to £18.00 per hour from 1st November 2021 until 31st 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 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 April 2022 until 31 March 2023.

In compliance with this statutory obligation to comply with the DoH NI direction, the Trust therefore issued a letter dated 23 February 2023 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.

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 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 ofthe Contract and therefore satisfies Regulation 72(1)(c)(ii).