Public procurement notice: Voluntary Ex Ante Transparency Notice
Published: 2022-10-28
Buyer: SYKEHUSINNKJØP HF
Country: NO
Contract type: Supplies
Procedure: Contract award without prior publication
CPV classification: 33600000: Pharmaceutical products
Estimated value: 74315310 NOK
Award criteria: Lowest price

Technical requirements: 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 2201c). 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 tenders in this contest for the relevant sub-delivery (sub-delivery 35, ATC code A11DA01, Tiamin, IV).
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 2201c). 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 tenders in this contest for the relevant sub-delivery (sub-delivery 35, ATC code A11DA01, Tiamin, IV).
Due to this, Sykehusinnkjøp intends to enter into contracts between the regional health authorities (the Contracting Authorities) and Frost Pharma AB (the Supplier) as an additional contract to LIS 2201c, i.e., the scope and length of the agreement must follow the mentioned procurement (including access to extensions and terminations), without a new contest being held for this active substance. The health trusts that are under the regional health authorities have an option to enter the agreements. The same applies to non-profit institutions/hospitals with an operational contract with an individual health region.
Sykehusinnkjøp has examined the market situation and is of the opinion that it is not possible to hold a new contest, or that a supplier other than Frost Pharma AB can deliver the product in the coming contract 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.
At the time of entering into the agreement, there were no other products with marketing authorisation in Norway. It is, therefore, objectively impossible to hold an ordinary contest or a contest in accordance with the Public Procurement Regulation § 13-3.
Sykehusinnkjøp requests that those who have objections to contract award to submit feedback before the waiting period expires on 31.10.2022.
At the time of entering into the agreement, there were no other products with marketing authorisation in Norway. It is, therefore, objectively impossible to hold an ordinary contest or a contest in accordance with the Public Procurement Regulation § 13-3.
Sykehusinnkjøp has examined the market situation and is of the opinion that it is not possible to hold a new contest, or that a supplier other than Frost Pharma AB can deliver the product in the coming contract period, and that the situation that has occurred is not the contracting authority’s fault, nor something that the contracting authority could foresee. Sykehusinnkjøp therefore believes that there are grounds to carry out the procurement without a contest. 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.
At the time of entering into the agreement, there were no other products with marketing authorisation in Norway. It is, therefore, objectively impossible to hold an ordinary contest or a contest in accordance with the Public Procurement Regulation § 13-3.


Winner: FrostPharma AB
Award value: 74315310