Section II: Object
II.1)Scope of the procurement
II.1.1)Title:
Provision of Domiciliary Care Services in the Western Health and Social Care Trust Area - Lot 1 Extension
II.1.2)Main CPV code
98000000 Other community, social and personal services
II.1.3)Type of contract
Services
II.2)Description
II.2.1)Title:
Provision of Domiciliary Care Services in the Western Health and Social Care Trust Area Lot 1 Cityside / Shantallow
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 1 Cityside / Shantallow
Guaranteed Hours 3,186 hours per week
Estimated Time Specific Hours 1,062 hours per week
II.2.7)Duration of the contract, framework agreement, dynamic purchasing system or
concession
Duration in months: 72
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 V: Award of contract/concession
Title:
Provision of Domiciliary Care Services in the Western Health and Social Care Trust Area - Lot 1 Cityside / Shantallow
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: North West Care and Support Ltd
Postal address: Roe Business Centre, Room F2 and F3, 4-6 Killane Road
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:
https://www.nwcare.co.uk
The contractor/concessionaire is an SME: no
V.2.3)Name and address of the contractor/concessionaire
Official name: Bryson Care West
Postal address: 2 Rivers Edge, 13-15 Ravenhill Road
Town: Belfast
NUTS code:
UKN0 Northern Ireland
Postal code: BT6 8DN
Country: United Kingdom
E-mail:
jmarley@brysongroup.org
Telephone: +44 2890325835
Internet address:
https://www.brysongroup.org
The contractor/concessionaire is an SME: no
V.2.3)Name and address of the contractor/concessionaire
Official name: Strabane and District Caring Services
Postal address: 32-36 Bridge Street
Town: Strabane
NUTS code:
UKN0 Northern Ireland
Postal code: BT82 9AE
Country: United Kingdom
E-mail:
jacqui@strabanedistrictcaring.com
Telephone: +44 2871884986
Internet address:
https://www.strabanedistrictcaring.com
The contractor/concessionaire is an SME: no
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: 14 000 000.00 GBP
Section VI: Complementary information
VI.3)Additional information:
Reference VII.2.2 continued: The Trust is preparing to re-tender this Service. Unfortunately, this re-procurement exercise has been delayed as a result of the matters detailed in
the Trust’s letter to Providers dated 25th March 2022, as well as unforeseen Department of Health Northern Ireland (“DoH NI”) and regional Health and Social Care (“HSC”)
policy requirements which materially impact upon the re-procurement process. As such, new contracts under the re-procurement exercise will not be in place before the expiry of the
current Contracts in Lot 1 on 30th September 2023. 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 1 with effect from 23 February 2023
(Variation Date) so that the Contract Period shall be amended to include one further period of extension of 12 months commenting on 1 October 2023 and expiring on 30 September 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. 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(1)(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 1 is £5,535,789 and the value of the original
Contracts for Lot 1 is £14,000,000.
VI.4)Procedures for review
VI.4.1)Review body
Official name: The High Court of Justice In Northern Ireland, Royal Courts of Justice
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:
24/05/2023
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)
85000000 Health and social work services
98000000 Other community, social and personal 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 1 Cityside/Shantallow
The Trust refers to its response at VII.2.1 and VII.2.2.
Extension to Contract Period
The Trust issued a letter dated 23 February 2023 to amend Contracts in Lot 1 with effect from 23 February 2023 (Variation Date) so that the Contract Period shall be amended to
include one further period of extension of 12 months commencing on 1 October 2023 and expiring on 30 September 2024
VII.1.5)Duration of the contract, framework agreement, dynamic purchasing system or
concession
Duration in months: 84
VII.1.6)Information on value of the contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession: 33 148 946.00 GBP
VII.1.7)Name and address of the contractor/concessionaire
Official name: North West Care and Support Ltd
Postal address: Roe Business Centre, Room F2 and F3, 4-6 Killane Road
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:
https://www.nwcare.co.uk
The contractor/concessionaire is an SME: no
VII.1.7)Name and address of the contractor/concessionaire
Official name: Bryson Care West
Postal address: 2 Rivers Edge 13-15 Ravenhill Road
Town: Belfast
NUTS code:
UKN0 Northern Ireland
Postal code: BT6 8DN
Country: United Kingdom
E-mail:
jmarley@brysongroup.org
Telephone: +44 2890325835
Internet address:
https://www.brysongroup.org
The contractor/concessionaire is an SME: no
VII.1.7)Name and address of the contractor/concessionaire
Official name: Strabane and District Caring ServicesTown:
Postal address: 32-36 Bridge Street
Town: Strabane
NUTS code:
UKN0 Northern Ireland
Postal code: BT82 9AE
Country: United Kingdom
E-mail:
jacqui@strabanedistrictcaring.com
Telephone: +44 2871884986
Internet address:
https://www.strabanedistrictcaring.com
The contractor/concessionaire is an SME: no
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):
Extension to Contract Period
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) 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: 27 613 157.00 GBP
Total contract value after the modifications
Value excluding VAT: 33 148 946.00 GBP