Public procurement notice: Contract Award Notice
Published: 2020-09-15
Buyer: Sykehusinnkjøp HF
Country: NO
Contract type: Supplies
Procedure: Contract award without prior publication
CPV classification: 33100000 | 33171000: Anaesthesia instruments
Estimated value: 7200000 NOK
Award criteria: Lowest price

Technical requirements: The procurement of 2 invasive cooling machines with related instrument dependent consumables as well as an option for a service contract for different levels and option for a service course for two persons.
The procurement of 2 invasive cooling machines with related instrument dependent consumables as well as an option for a service contract for different levels, and option for a service course for two persons.
Option for a service contract for different levels with a duration as long as the equipment is in use and option for a service course for two persons.
The given total value includes the procurement of the equipment, option for a service agreement in the equipment's expected effective life, option for a service course for two persons, as well as the delivery of instrument dependent consumables in the equipment's effective life. The expected scope is between 40-50 treatments per annum.
As a result of the Covid-19 outbreak, a direct procurement has been implemented in accordance with the Public Procurement Regulations § 13-4 letter a. In accordance with § 13-4 letter a, the contracting authority can procure without a competition if it is impossible to implement a competition with negotiations without a prior notice according to § 13-3. Nærings- og Fiskeridepartementets [the Ministry of Trade, Industry and Fishers] guidelines for public procurements says the following about interpretation of the provision: ‘So that this exception can be used, it must be impossible to maintain the principle about competition in a competition with negotiations without a prior information notice in accordance with § 13-3. For it to be ‘impossible’, means that the exception is interpreted strictly. It must be objectively impossible to implement a competition for the exception to be utilised. A particularly relevant example of this is the contracting authority did not have time to implement a competition with negotiation without a prior information notice in accordance with § 13-3 letter e, due to the unforeseen conditions such as natural disasters, epidemics etc. Such situations can make it imperative to procure directly from a supplier, i.e. without implementing a competition pursuant to § 13-3 letter e, as any delay can be detrimental to people's lives and health.’ In the existing procurement, the contracting authority does not have time to implement a regular procurement as a result of the Covid-19 outbreak. The contracting authority considers the situation to be such that every delay in the procurement process can be detrimental for people's lives and health. The terms to implement a direct procurement in accordance with §13-4 letter a are therefore fulfilled.’
The procurement is also covered by the exception in the Public Procurement Regulations § 13-4 letter b. The contracting authority's market research shows that only Brainmed AS can deliver cooling machines with invasive methods.


Winner: Brainmed AS
Award value: 7200000
Number of bids: 1