Public procurement notice: Voluntary Ex Ante Transparency Notice
Published: 2020-10-19
Buyer: Sykehusinnkjøp HF
Country: NO
Contract type: Supplies
Procedure: Contract award without prior publication
CPV classification: 33600000: Pharmaceutical products
Estimated value: 850000 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 non-parenteral special pharmaceutical preparations ('LIS 2001b non-parenteral special pharmaceutical preparations' — 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, tenders were received for Melatonin 3 mg tablets (ATC-code N05CH01), where the supplier has 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. No other suppliers have a marketing licence for Melatonin 3 mg tablets.
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 2001b non-parenteral special pharmaceutical preparations').
The contest was for 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. Based on this, LIS intends to enter into contracts between the regional health trusts (the Contracting Authorities) and Orifarm Generics AS (the Supplier) as an additional contract to LIS 2001b. I.e., the scope and length of the contract will follow the mentioned procurement (including access to extensions and terminations), without a new contest 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 Orifarm Generics AS can deliver the product in the same 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 22 October 2020. If no objections are received, a contract will be signed after the waiting period has expired.
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 Orifarm Generics can deliver the product in the current 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 22 October 2020. If no objections are received, a contract will be signed after the waiting period has expired.


Winner: Orifarm Generics AS
Award value: 850000