Public procurement notice: Voluntary Ex Ante Transparency Notice
Published: 2022-11-14
Buyer: SYKEHUSINNKJØP HF
Country: NO
Contract type: Supplies
Procedure: Contract award without prior publication
CPV classification: 33600000: Pharmaceutical products
Estimated value: 12254326 NOK
Award criteria: Lowest price

Technical requirements: Voluntary ex ante transparency notice - Additional agreement LIS 2201a Azitromycin infkons 500mg, ATC code J01FA10 and Sidofovir inj kons 75mg/ml 5ml, ATC code J05AB12
Sykehusinnkjøp HF, Divisjon legemidler (LIS) is collecting tenders for medicines that are used by the Health Trusts. LIS has previously announced and held an open tender contest for parenteral special pharmaceutical preparations (LIS 2201a). The contest includes active ingredients in accordance with the tender documentation, annex 3 - the Active Ingredients List.
After the contest, tenders were received for the products listed in the annexes to this notice, where the supplier must have a marketing licence. See the Medicines Act §8 and the Medicine Regulations §2-1, first and second sections, in which, as a main rule, a marketing licence is required before a medicine can be sold. There were no other tenderers in this contest for the relevant sub-deliveries (sub-delivery 65, ATC code J01FA10, Azithromycin, dry matter and sub-delivery 134, ATC code J05AB12, sidofovir, infusion concentrate).
Sykehusinnkjøp HF, Divisjon legemidler (LIS) is collecting tenders for medicines that are used by the Health Trusts. LIS has previously announced and held an open tender contest for parenteral special pharmaceutical preparations (LIS 2201a). The contest includes active ingredients in accordance with the tender documentation, annex 3 - the Active Ingredients List.
After the contest, tenders were received for the products listed in the annexes to this notice, where the supplier must have a marketing licence. See the Medicines Act §8 and the Medicine Regulations §2-1, first and second sections, in which, as a main rule, a marketing licence is required before a medicine can be sold. There were no other tenderers in this contest for the relevant sub-deliveries (sub-delivery 65, ATC code J01FA10, Azithromycin, dry matter and sub-delivery 134, ATC code J05AB12, sidofovir, infusion concentrate).
Due to this, LIS intends to enter into contracts between the regional health trusts (the Contracting Authorities) and Macure Pharma ApS (the Supplier) as an additional contract to LIS 2201a, i.e., the scope and length of the contract must follow the mentioned procurement (including access to extensions and terminations), without a new competition being held for this active ingredient. The health trusts that are under the regional health authorities have options for enter the agreements. The same applies for non-profit institutions/hospitals with an operational contract with each health region.
LIS has explored the market situation and is of the opinion that it is not possible to hold a new contest, or that a supplier other than Macure Pharma ApS can deliver the product in the agreement period, and that the situation that has occurred is not the contracting authority’s fault, nor something that the contracting authority could foresee. LIS therefore believes that there are grounds to carry out the procurement without an invitation to tender. See the public procurement regulations §21-5, c.f. § 21-2, c.f. § 13-4 letter b no. 3 and letter cf. also § 13-3 letter e.
LIS requests that any objections to this contract award are submitted before the expiry of the waiting period, set to 10 days after the publication of the Voluntary ex ante transparency notice. If no objections are received, contracts will be signed after the waiting period has expired.
LIS has explored the market situation and is of the opinion that it is not possible to hold a new contest, or that a supplier other than Macure Pharma ApS can deliver the product in the agreement period, and that the situation that has occurred is not the contracting authority’s fault, nor something that the contracting authority could foresee. LIS therefore believes that there are grounds to carry out the procurement without an invitation to tender. See the public procurement regulations §21-5, c.f. § 21-2, c.f. § 13-4 letter b no. 3 and letter cf. also § 13-3 letter e.


Winner: Macure Pharma ApS
Award value: 12254326