Public procurement notice: Contract Award Notice
Published: 2019-05-29
Buyer: Amgros I/S
Country: DK
Contract type: Supplies
Procedure: Open procedure
CPV classification: 33600000: Pharmaceutical products
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 to the public hospitals and health authorities in the countries. In Denmark certain pharmaceuticals is resold to the Faroe Island and Greenland. For this procurement group delivery to Iceland is an option, see Section II.2.11.
Tenders for the pharmaceuticals are invited so that the Contracting Authorities can enter into Framework Agreements for delivery of the pharmaceuticals requested in the list of products and specified under the various lots below (Section II.2.4).
The Framework Agreements are non-exclusive to the supplier. The hospitals and health authorities are not obliged to use the Framework Agreement.
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 is based on historic consumption data and that the suppliers must expect that the actual purchase under a Framework Agreement may differ significantly from the estimate. Reference is made to Paragraph 3.6 of the tender specifications and clause 2 of the Framework Agreement.
The supplier must have authorisation to produce, import or receive pharmaceuticals for wholesale distribution within the EU/EEA.
Marketing authorisations applicable for Denmark, Norway and Iceland must be in place for the pharmaceuticals in sufficient time to ensure that the pharmaceuticals appear in Medicinpriser.dk (Denmark), ‘Farmalogg’ (Norway) and ‘Lyfjaverðskrá’ (Iceland) no later than 1.12.2019. The requirement regarding ‘Lyfjaverðskrá’ (Iceland) only apply if Iceland is part of the Framework Agreement, see Section II.2.11.
Clause 1 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 2 options may be exercised on the terms and conditions stipulated in the Framework Agreement and in the tender specifications.
For this procurement group delivery to Iceland is an option. The supplier can choose to submit a tender for this option. If the supplier is awarded a Framework Agreement, the Framework Agreement will cover delivery of the pharmaceuticals in all 3 countries for the purchase period.
If the supplier chooses not to give a tender for the delivery to Iceland the Framework Agreement will cover delivery of the pharmaceuticals in Denmark and Norway.
The procedure is cancelled as it has been found, after expiry of the deadline for submission of tender, that system technical circumstances have rendered it difficult for the tenderers to submit varying tender prices for the same products in accordance with the tender specifications.
The pharmaceutical will be re-tendered on the same terms and conditions by contract notice submitted for publication today.
Pursuant to the Danish Act on the Complaints Board for Public Procurement (Act No 593 of 2.6.2016 as amended) the following deadlines apply to the lodging of complaints:
Complaints of the tendering procedure must be lodged with the complaints board for public procurement within 6 months after the contracting entity has entered into a Framework Agreement calculated from the day after the day when the contracting entity has notified the affected applicants and tenderers, see Section 7(2), para.(3) of the Act. Not later than at the time of lodging a complaint with the Danish Complaints Board for Public Procurement, the complainant must notify the Contracting Authorities in writing that a complaint has been lodged with the Danish Complaints Board for Public Procurement and whether the complaint was lodged during the standstill period, see Section 6(4) of the Act. In cases where the complaint was not lodged within the standstill period, the complainant must furthermore indicate whether a suspensory effect of the complaint has been requested, see Clause 6(4) of the Act.