Public procurement notice: Contract Notice
Published: 2023-05-08
Buyer: Amgros I/S
Country: DK
Contract type: Supplies
Procedure: Open procedure
CPV classification: 33600000: Pharmaceutical products
Estimated value: 6898928 EUR
Submission deadline: 2023-06-20
Award criteria: The most economic tender

Technical requirements: Denmark, Norway and Iceland have entered into cooperation regarding the procurement of pharmaceuticals. The countries will jointly procure and award framework agreements in order to ensure the supply of pharmaceuticals in the countries. In Denmark certain pharmaceuticals are resold to the Faroe Island and Greenland. Under this procurement group, the pharmaceuticals are tendered under each procurement no. for the purpose of supplying the Contracting Authorities as 2 markets (Norway as 1 market and Denmark and Iceland as 1 market) see section II.2.4 and the tender specification.
The obligation to deliver the pharmaceuticals in Iceland is subject to the precondition that the supplier obtains an exemption regarding printed labels and leaflets. If the supplier does not obtain such exemption the agreement will only apply to Denmark and Norway, see the Framework agreement section 2.2.1 and Appendix 6.
Each procurement number is a separate lot for the pharmaceutical indicated and is put up for tender independently of the other procurement numbers. This means that a tenderer may submit a tender for one, several or all procurement numbers (lots), and that framework agreements will be awarded separately for each procurement number. However, the aim is to conclude framework agreements with different suppliers for the procurement numbers 1 and 2, which are linked procurement numbers.
If there is only one compliant tender for either procurement numbers 1 or 2, the framework agreement for the procurement number in question is awarded to the supplier concerned. The supplier concerned will then be excluded from award on the other of the two procurement numbers, and the framework agreement will be awarded to the supplier of the remaining suppliers offering the “best price-quality ra-tio”.
If there are several compliant tenders for both procurement numbers 1 and 2, the award under pro-curement number 1 will take precedence. This means that if the same supplier has submitted a tender offering the “best price-quality ratio” for both procurement numbers 1 and 2, and there are several com-pliant tenders for both procurement numbers 1 and 2, the Contracting Authorities will only award the supplier concerned a framework agreement for procurement number 1, since the framework agreement for procurement number 2 is awarded to the supplier with the “second best price-quality ratio” under the procurement number concerned.
If there is only one compliant tender for both procurement numbers 1 and 2, the framework agreements will be awarded to the suppliers of the respective compliant tenders, notwithstanding that this may mean that the same supplier will be awarded a framework agreement for both procurement numbers 1 and 2.
Under the title "quantity in units", an estimated consumption of the pharmaceuticals is indicated for each of the countries. It should be noted that this estimate corresponds to the historical consumption of the pharmaceuticals put up for tender and that suppliers must expect that the actual purchase under a framework agreement may deviate significantly from the estimate. Reference is made to paragraph 5.6 of the tender specifications and clause 4.2 in the framework agreement.
The Supplier must have authorisation to produce, import or receive pharmaceuticals for wholesale distribution within the EU/EEA.
The Pharmaceuticals shall be included in the Danish Medicines Agency’s list of medicine prices (“medicinpriser.dk”), the Norwegian "Farmalogg" and the Icelandic “Lyfjaverðskrá” not later than 5 February 2024 in order to ensure supply from the beginning of the Purchase Period.
The framework agreements are non-exclusive to the supplier. The hospitals and health authorities are not obliged to use the framework agreement.
The Contracting Authorities shall be entitled to extend the framework agreement up to one time for each pharmaceutical on unchanged terms and conditions by up to 12 months.
Clause 8.2 of the framework agreement provides for an option for delivery in a pre-agreement period (i.e. before the purchase period begins) and an option for delivery in a post-agreement period (i.e. after the purchase period). The two options may be exercised on the terms and conditions stipulated in the framework agreement.
Each procurement number is a separate lot for the pharmaceutical indicated and is put up for tender independently of the other procurement numbers. This means that a tenderer may submit a tender for one, several or all procurement numbers (lots), and that framework agreements will be awarded separately for each procurement number. However, the aim is to conclude framework agreements with different suppliers for the procurement numbers 1 and 2, which are linked procurement numbers.
If there is only one compliant tender for either procurement numbers 1 or 2, the framework agreement for the procurement number in question is awarded to the supplier concerned. The supplier concerned will then be excluded from award on the other of the two procurement numbers, and the framework agreement will be awarded to the supplier of the remaining suppliers offering the “best price-quality ra-tio”.
If there are several compliant tenders for both procurement numbers 1 and 2, the award under pro-curement number 1 will take precedence. This means that if the same supplier has submitted a tender offering the “best price-quality ratio” for both procurement numbers 1 and 2, and there are several com-pliant tenders for both procurement numbers 1 and 2, the Contracting Authorities will only award the supplier concerned a framework agreement for procurement number 1, since the framework agreement for procurement number 2 is awarded to the supplier with the “second best price-quality ratio” under the procurement number concerned.

Eligibility requirements: When submitting a tender, suppliers must use the European Single Procurement Document (ESPD) in the tendering system for the declaration regarding the compulsory grounds for exclusion set out in sections 135-136 of the Danish Public Procurement Act (udbudsloven) (the Act can be found at www.retsinformation.dk).  Further information on the completion and application of the ESPD in the tender process is available in the guide drawn up by Amgros in this respect and in the "Instructions for the European Single Procurement Document" drawn up by the Danish Competition and Consumer Authority (Konkurrence- og Forbrugerstyrelsen). The successful tenderer(s) to whom the Contracting Authorities intend to award the framework agreement must also, before the award, provide documentation to the Contracting Authorities regarding the absence of compulsory groundsfor exclusion as set out in sections 152-153 of the Public Procurement Act. The Contracting Authorities are not entitled to exclude a supplier who is subject to one or more of the mandatory exclusion grounds set out insections 135-136 of the Public Procurement Act if the supplier has provided sufficient documentation that the supplier is reliable, even if the supplier is subject to one or more of the grounds for exclusion set out in section138 of the Public Procurement Act. The Contracting Authorities reserve the right to carry out a so-called "self-cleaning" process if relevant.

Award value: 6898928