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: 5000000 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 published and held an open tender contest for Anti-inflammatories (the 'LIS 2001a Anti-inflammatories' competition). 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 Clindamycin ready for use in 60 mg and 300 mg infusion bags (ATC-code J01FF01), 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 on ready-for-use infusion bags of Clindamycin.
Due to this, LIS intends to enter into contracts between the regional health trusts (the Contracting Authorities) and Mylan Hospital (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 prolongations 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 competition or that a supplier other than Mylan Hospital AS can deliver the products in the next contract period, and that the situation that has occurred is not the contracting authority’s fault, nor something that the contracting authority could predict. 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.
LIS intends to enter into contracts between the regional health trusts (the Contracting Authorities) and Mylan Hospital AS (the Supplier) as an additional contract to LIS 2001a, the scope and length of the contract must follow the mentioned procurement (including access to prolongations 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 competition or that a supplier other than Mylan Hospital AS can deliver the products in the next contract period and that the situation that has occurred is not the contracting authority’s fault, nor something that the contracting authority could predict. 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: Mylan Hospital AS
Award value: 5000000