Public procurement notice: Voluntary Ex Ante Transparency Notice
Published: 2020-01-23
Buyer: Sykehusinnkjøp HF
Country: NO
Contract type: Supplies
Procedure: Contract award without prior publication
CPV classification: 33600000: Pharmaceutical products
Estimated value: 1500000 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 special pharmaceutical preparations with exemption requirements (LIS 2001d).
The contest included the active ingredients that were in accordance with the tender documentation, Annex 3 — the Active Ingredients List. After the contest was held, a product became available that had the same active ingredient where the Supplier had a marketing licence.
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 special pharmaceutical preparations with exemption requirements (LIS 2001d).
The contest included the active ingredients that were in accordance with the tender documentation, Annex 3 - the Active Ingredients List. After the contest was held, a product became available that had the same active ingredient where the Supplier had 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 the medicine classified in ATC-code H01BA01 for injection. Due to this, LIS intends to enter into contracts between the regional health trusts (the Contracting Authorities) and AOP Orphan Pharmaceuticals (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 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 AOP Orphan Pharmaceuticals 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 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 intention submit feedback before the waiting period expires on 29.1.2020. 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 held an open tender contest for special pharmaceutical preparations with exemption requirements (LIS 2001d). The contest included the active ingredients that were in accordance with the tender documentation, Annex 3 — the Active Ingredients List. After the contest was held, a product became available that had the same active ingredient where the Supplier had 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 the medicine classified in ATC-code H01BA01 for injection. Due to this, LIS intends to enter into contracts between the regional health trusts (the Contracting Authorities) and AOP Orphan Pharmaceuticals (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 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 AOP Orphan Pharmaceuticals 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 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 intention submit feedback before the waiting period expires on 29.1.2020. If no objections are received, a contract will be signed after the waiting period has expired.


Winner: AOP Orphan Pharmaceuticals Sweden AB
Award value: 1500000