Public procurement notice: Voluntary Ex Ante Transparency Notice
Published: 2021-03-29
Buyer: Sykehusinnkjøp HF
Country: NO
Contract type: Supplies
Procedure: Contract award without prior publication
CPV classification: 33600000: Pharmaceutical products
Estimated value: 800000 NOK
Award criteria: Lowest price

Technical requirements: Increase of intensive care patients in connection with increased infection rates, have lead to an increased need for intensive medications for Covid-19 3P reserves established in the spring of 2020 in connection with the outbreak of the SARS-CoV-2 pandemic.
Sykehusinnkjøp HF, medicines division (Sykehusinnkjøp), is procuring and obtaining tenders for health company financed medicines. Sykehusinnkjøp has been given a mandate to procure the medicine. LIS has previously announced and held an open tender contest for parental special pharmaceutical preparations ('LIS 2001c Parental special pharmaceutical preparations) — the contest. The contest included the mentioned medicine, as the tender documentation annex 3: 'Active Ingredients List' requested tenders for the active ingredient (the medicine or reasonable alternatives).
Sykehusinnkjøp therefore believes that there are grounds to make the procurement without a contest. The legal basis is in accordance with the public procurement regulations, Section 13-4 a), c.f. § 13-3.
Tenders were not received in the above-mentioned contest for the active ingredient in question (medicine or reasonable alternatives), and this part of the contest must therefore be marked as unsuccessful.
Sykehusinnkjøp has now examined which relevant medicines fulfil the regulatory requirements in Norway. If a medicine has a marketing licence in Norway, you cannot just procure an alternative medicine with a marketing licence in another country in the EU/EEA area. This is in the law on medicines, etc., Sections 8 and 10, sml. regulations on medicines chapter 2. This is further connected to Sykehusinnkjøp as a medicine intermediary having a right to its operations, c.f., the regulations on wholesaler operations with medicines, Section 33.
According to www.legemiddelsok.no there are no other companies that the Supplier that have a marketing licence for the medicine in Norway.
Sykehusinnkjøp has assessed that no other possible tenderers of the medicine will be able to fulfil the regulatory requirements in Norway (marketing licence in Norway), and be able to deliver so that the contract is fulfilled by the contracting authority's required date, and that there are no reasonable alternatives to the medicine.
It is, therefore, objectively impossible to hold an ordinary contest or a contest in accordance with the public procurement regulations, Section 13-3. The scope of the contract is not larger than necessary.
Based on this, Sykehusinnkjøp intends to enter into a contract between Helse Sør-Øst RHF (the South Eastern Norway Regional Health Authority) and the tenderer for the purchase of the medicine.
Sykehusinnkjøp requests that any objections to this notice of intent be submitted and received by Hospital Purchase before the end of the waiting period, which is set at 10 calendar days from the day after the notice of intent is published. If no objections are received, a contract will be signed after the waiting period has expired.
Sykehusinnkjøp HF, medicines division (Sykehusinnkjøp), is procuring and obtaining tenders for health company financed medicines. Sykehusinnkjøp has been given a mandate to procure the medicine. LIS has previously announced and held an open tender contest for parental special pharmaceutical preparations ('LIS 2001c Parental special pharmaceutical preparations) — the contest. The tender includes the named medicine, as the tender documentation Appendix 3: 'Active Ingredients List' tenders were requested for the active substance (the medicinal product or reasonable alternatives).
Sykehusinnkjøp therefore believes that there are grounds to make the procurement without a contest. The legal basis is in accordance with the public procurement regulations, Section 13-4 a), c.f. § 13-3.
Tenders were not received in the above-mentioned contest for the active ingredient in question (medicine or reasonable alternatives), and this part of the contest must therefore be marked as unsuccessful.
Sykehusinnkjøp has now examined which relevant medicines fulfil the regulatory requirements in Norway. If a medicine has a marketing licence in Norway, you cannot just procure an alternative medicine with a marketing licence in another country in the EU/EEA area. This is in the law on medicines, etc., Sections 8 and 10, sml. regulations on medicines chapter 2. This is further connected to Sykehusinnkjøp as a medicine intermediary having a right to its operations, c.f., the regulations on wholesaler operations with medicines, § 33a.
According to www.legemiddelsok.no there are no other companies that the Supplier that have a marketing licence for the medicine in Norway. Sykehusinnkjøp has assessed that no other possible tenderers of the medicine will be able to fulfil the regulatory requirements in Norway (marketing licence in Norway), and be able to deliver so that the contract is fulfilled by the contracting authority's required date, and that there are no reasonable alternatives to the medicine.


Winner: Aspen Pharma Ireland Ltd
Award value: 800000