Public procurement notice: Voluntary Ex Ante Transparency Notice
Published: 2019-10-24
Buyer: Sykehusinnkjøp HF
Country: NO
Contract type: Supplies
Procedure: Contract award without prior publication
CPV classification: 33600000: Pharmaceutical products
Estimated value: 460000 NOK
Award criteria: Lowest price

Technical requirements: An additional contract with Macure Pharma ApS after the tender contest LIS 2001b for non-parenteral medicines and ATC C07AB02 Metoprolol.
Sykehusinnkjøp HF, Divisjon legemidler (LIS) is collecting tenders for medicines that are used by the Health Trusts. LIS has previously announced and implemented an open tender competition for parenteral medicines (‘the 2001c Parenteral medicines’).
The competition included the active ingredients that were 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. We received no other tenders for the relevant ATC code included in the tender contest. 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 2001c, 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 join 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 this submit feedback before the waiting period expires on 1.11.2019. If no objections are received, a contract will be signed after the waiting period has expired.
Sykehusinnkjøp HF, Divisjon legemidler (LIS) is collecting tenders for medicines that are used by the Health Trusts. LIS has previously announced and implemented an open tender competition for parenteral medicines (‘the 2001c Parenteral medicines’).
The competition included the active ingredients that were 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. We received no other tenders for the relevant ATC code included in the tender contest. 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 2001c, 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 join 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 this submit feedback before the waiting period expires on 1.11.2019. If no objections are received, a contract will be signed after the waiting period has expired.


Winner: Macure Pharma ApS
Award value: 460000