Public procurement notice: Voluntary Ex Ante Transparency Notice
Published: 2020-09-04
Buyer: Sykehusinnkjøp HF
Country: NO
Contract type: Supplies
Procedure: Contract award without prior publication
CPV classification: 33600000: Pharmaceutical products
Estimated value: 300000 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 anti inflammatories (‘LIS 2001a Anti inflammatories,’ the contest). The contest was for the active ingredients that were in accordance with the tender documentation, Annex 3 Active ingredients list. After the contest was held, Amikacine for injecttion 250 mg/ml /ATC code J01GB06) from Macure Pharma ApS has been granted marketing permission. 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. No other suppliers have marketing permission for Amikacine injection 250 mg/ml.
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 anti inflammatories (‘LIS 2001a Antiinflammatories,’ the contest). The contest was for the active ingredients that were in accordance with the tender documentation, Annex 3 Active ingredients list. After the contest was held, Amikacine for injecttion 250 mg/ml /ATC code J01GB06) from Macure Pharma ApS has been granted marketing permission. 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. No other suppliers have marketing permission for Amikacine injection 250 mg/ml.
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 2001a, 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 ingredient.
The health companies that are under the regional health trusts have an option to enter into the contracts. 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 contract periodand 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 make the procurement without a competition. Cf. the Public Procurement Regulations §13-4, letter b, No 3. LIS requests that those who have objections to the intended contract award submit feedback before the waiting period expires on 7 September 2020. If no objections are received, a contract will be signed after the waiting period has expired.
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 2001a, 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 ingredient.
The health companies that are under the regional health trusts have an option to enter into the contracts. 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 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 make the procurement without a competition. Cf. the Public Procurement Regulations §13-4, letter b, No 3. LIS requests that those who have objections to the intended contract award submit feedback before the waiting period expires on 7 September 2020. If no objections are received, a contract will be signed after the waiting period has expired.


Winner: Macure Pharma ApS
Award value: 300000