Public procurement notice: Voluntary Ex Ante Transparency Notice
Published: 2022-04-01
Buyer: SYKEHUSINNKJØP HF
Country: NO
Contract type: Supplies
Procedure: Contract award without prior publication
CPV classification: 33600000: Pharmaceutical products
Estimated value: 4900000 NOK
Award criteria: Lowest price

Technical requirements: Direct procurement of Tiamin inj 50mg/ml, 2ml ampoules. The active ingredient was announced in LIS 2201c, but no tenders were received that fulfilled the minimum 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).
Due to this, LIS intends to enter into contracts between the regional health trusts (the Contracting Authorities) and Frost Pharma AB (the Supplier) as an additional contract to LIS 2201c, 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 trusts that are under the regional health trusts have an option to join the contracts. The same applies for non-profit institutions/hospitals with an operational contract with an individual health region.
LIS 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 this 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 [the Pharmaceutical Division] therefore believes that there are grounds to make 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.
LIS requests that any objections to this intention are submitted before the expiry of the waiting period, set to 02.03.2022. If no objections are received, contracts will be signed after the waiting period has expired.
LIS 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 this 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 [the Pharmaceutical Division] therefore believes that there are grounds to make 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.
LIS requests that any objections to this intention are submitted before the expiry of the waiting period, set to 02.03.2022. If no objections are received, contracts will be signed after the waiting period has expired.


Winner: Frost Pharma
Award value: 4900000