Public procurement notice: Voluntary Ex Ante Transparency Notice
Published: 2020-04-20
Buyer: Sykehusinnkjøp HF
Country: NO
Contract type: Supplies
Procedure: Contract award without prior publication
CPV classification: 33100000 | 33171000: Anaesthesia instruments
Estimated value: 3047250 NOK
Award criteria: The most economic tender

Technical requirements: High Volume Blood and Fluid Heaters for the Trauma Centre at Haukeland universitetssjukehus at Helse Bergen HF [Haukeland University Hospital at Bergen Hospital Trust]
Helse Bergen [Bergen Hospital Trust] has had a greatly reduced quantity of blood and fluid warmers in the last year due to the withdrawal of Vyaire's Enflow heater in 2019. In anticipation of new disposable cassettes, Bergen Hospital Trust has purchased some apparatus and loaned some from the Norwegian Armed Forces.
Focus has been to use blood and fluid warmers for the most critical cases and it is limited which heaters can be used for this purpose. Since Bergen Hospital Trust must now hand back several Belmont heaters that they have borrowed from the Norwegian Armed Forces, they want to procure two of these as they already have training on them.
In the current COVID-19 pandemic, it is challenging to spend a lot of time trialling and training in the use of new equipment. The trauma centre needs these blood and fluid heaters in order to save lives. Therefore, it is necessary to buy these apparatus directly from the supplier as the contracting authority is already familiar with them.
The procurement includes a purchase contract with the purchase of two and an option for one extra blood and fluid heater.
The purchase contract will also include necessary training for personnel that are not familiar with the equipment. There will also be an option for a service course and an option for servicing after the warranty expires and a framework agreement for equipment-dependent consumables in the lifetime of the equipment.
Direct procurement are regulated in accordance with the Public Procurement Regulations (PPR) § 13-4. The provision gives several alternatives for when it can be used. In the current situation, where it is primarily the time perspective that justifies the need to implement quick procurements, PPR § 13-4 (letter a) is the most appropriate alternative.
— it is impossible to implement a procurement without negotiation without a prior information notice, pursuant to § 13-3’.
For the exception to be used, it must be impossible to comply with the principle of competition in a competition with negotiation without a prior information notice pursuant to PPR § 13-3. For it to be ‘impossible’, means that the exception is interpreted strictly. It must be objectively impossible to implement a competition for the exception to be utilised.
As an example of a situation where it would be objectively impossible to implement a competition as an accelerated procurement, refer to the Ministry's guidelines, point 18.3.2:
‘Where the contracting authority does not have time to implement a competition with negotiation without a prior information notice pursuant to § 13-3 letter 3, due to unforeseen circumstances such as natural disasters, epidemics etc. Such situations can made it necessary to procure directly from a supplier, i.e. Without implementing a competition pursuant to § 13-3 letter e, as any delay can be detrimental to people's lives and health.’
This results in the contracting authority having access to undertake a direct procurement when there is an epidemic or pandemic, and there is a danger for people's lives and health during the time taken to implement a simplified competition in accordance with the Public Procurement Regulation § 13-3 letter e.
Direct procurement are regulated in accordance with the Public Procurement Regulations (PPR) § 13-4. The provision gives several alternatives for when it can be used. In the current situation, where it is primarily the time perspective that justifies the need to implement quick procurements, PPR § 13-4 (letter a) is the most appropriate alternative.
It is impossible to implement a procurement without negotiation without a prior information notice pursuant to § 13-3”.
For the exception to be used, it must be impossible to comply with the principle of competition in a competition with negotiation without a prior information notice pursuant to PPR § 13-3. For it to be ‘impossible’, means that the exception is interpreted strictly. It must be objectively impossible to implement a competition for the exception to be utilised.


Winner: Vingmed AS
Award value: 3047250