Public procurement notice: Voluntary Ex Ante Transparency Notice
Published: 2019-03-20
Buyer: Sykehusinnkjøp HF
Country: NO
Contract type: Supplies
Procedure: Contract award without prior publication
CPV classification: 33600000: Pharmaceutical products
Estimated value: 6730000 NOK
Award criteria: Lowest price

Technical requirements: Additional contract with Servier Danmark A/S after the tender contest LIS 1907j injection and infusion preparations.
Sykehusinnkjøp HF, Divisjon legemidler (LIS) is collecting tenders for medicines that are used by the Health Trusts. LIS has previously announced and implemented an open tender contest for injection and infusion preparations (‘LIS 1907j injection and infusion preparations'). 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 Oncaspar (ATC-code L01XX24), 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 the medicine classified in ATC-code L01XX24.
Sykehusinnkjøp HF, Divisjon legemidler (LIS) is collecting tenders for medicines that are used by the Health Trusts. LIS has previously announced and implemented an open tender contest for injection and infusion preparations (“LIS 1907j injection and infusion preparations”). The competition included the active ingredients that were in accordance with the tender documentation, Annex 3 — the Active Ingredients List.
After the contest, tenders were received for Oncaspar (ATC-code L01XX24), where the supplier has a marketing licence. See the Medicines Act §8 and the Medicines 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 L01XX24.
Due to this, LIS intends to enter into contracts between the regional health trusts (the Contracting Authorities) and Servier Danmark A/S (the Supplier) for Oncaspar as an additional contract to LIS 1907j, i.e., the scope and length of the contract will 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 have a new competition, or that another supplier than Servier Danmark A/S can deliver the product in this contract period. In addition, 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 27.3.2019. If no objections are received, a contract will be signed after the waiting period has expired.


Winner: Servier Danmark A/S
Award value: 6730000