Public procurement notice: Contract Award Notice
Published: 2021-12-24
Buyer: Amgros I/S
Country: DK
Contract type: Supplies
Procedure: Open procedure
CPV classification: 33600000: Pharmaceutical products
Estimated value: 5000000 EUR
Award criteria: The most economic tender

Technical requirements: Denmark, Norway and Iceland have entered into cooperation regarding the procurement of pharmaceuticals. The countries will jointly procure and award framework agreements in order to ensure the supply of pharmaceuticals to the public hospitals and health authorities in the countries. In Denmark certain pharmaceuticals are resold to the Faroe Island and Greenland.
The obligation to deliver the pharmaceuticals in Iceland is subject to the precondition that the supplier obtains an exemption regarding printed labels and leaflets. If the supplier does not obtain such exemp-tion the agreement will only apply to Denmark and Norway, see the Framework agreement section 2.2.1 and Appendix 6.
The framework agreements are non-exclusive to the supplier. The hospitals and health authorities are not obliged to use the framework agreement.
Under the title "quantity in units", an estimated consumption of the pharmaceuticals is indicated for each of the countries. It should be noted that this estimate corresponds to the historical consumption of the pharmaceuticals put up for tender and that suppliers must expect that the actual purchase under a framework agreement may deviate significantly from the estimate. Reference is made to paragraph 5.6 of the tender specifications and clause 4.2 in the framework agreement.
The Supplier must have authorisation to produce, import or receive pharmaceuticals for wholesale distribution within the EU/EEA.
The Pharmaceuticals shall be included in the Danish Medicines Agency’s list of medicine prices (“medicinpriser.dk”) and the Norwegian “Farmalogg” and the Icelandic “Lyfjaverðskrá” not later than 21 February 2022 in order to ensure supply from the beginning of the Purchase Period.
Clause 8.2 of the framework agreement provides for an option for delivery in a pre-agreement period (i.e. before the purchase period begins) and an option for delivery in a post-agreement period (i.e. after the purchase period). The two options may be exercised on the terms and conditions stipulated in the framework agreement.
This call for tenders is conducted as an open procedure in accordance with the Danish Procurement Act (udbudsloven). The procurement procedure is subject to Danish law and any complaints of the procurement procedure shall be lodged with the Danish Complaints Board for Public Procurement (Klagenævnet for udbud), see section VI.4.3.
In relation to section II.2.4, it should be noted, that the Contracting Authorities have considered wheth-er the procurement group could be further subdivided. The Contracting Authorities have deemed that this is not the case based on the considerations of economies of scale, which will not be realizable with a further subdivision as well as costs and patient safety considerations related to the subsequent man-agement of contract- and pharmaceuticals.
In relation to sections II.1.5 and II.2.6 it should be noted that the estimated value indicated in section II.1.5 is the total estimated value of all procurement numbers (lots) for the duration of the framework agreement, including the option of renewal, see section II.2.7. Section II.2.6 sets out the estimated value for each procurement number, including the option of renewal, see section II.2.7. The value is based on the AIP ("Apotekernes Indkøbspris" published by the Danish Medicines Agency) of the pharmaceuticals. It should furthermore be noted that the estimated value is based on historic consumption data and that the actual purchase under a framework agreement may deviate significantly from the estimate, see section II.2.4, paragraph 5.6 of the tender specifications and clause 4.2 of the framework agreement.
Questions concerning the tender documents must be submitted through the tendering system, see the provisions of the tender specifications in this regard.
The access to submit tender requires that the operator is registered as a user of Amgros' tendering system. The registration as a user may take a few days, and the tenderer must therefore make sure to register in good time. Reference is made to the information provided in the tendering system, including the user guide.
Pursuant to the Danish Act on the Complaints Board for Public Procurement (Act no. 593 of 2 June 2016 as amended) the following deadlines apply to the lodging of complaints:
Complaints of the tendering procedure must be lodged with the Complaints Board for Public Procurement within 6 months after the contracting entity has entered into a framework agreement calculated from the day after the day when the contracting entity has notified the affected applicants and tenderers, see section 7(2), para.(3) of the Act. Not later than at the time of lodging a complaint with the Danish Complaints Board for Public Procurement, the complainant must notify the contracting authorities in writing that a complaint has been lodged with the Danish Complaints Board for Public Procurement and whether the complaint was lodged during the standstill period, see section 6(4) of the Act. In cases where the complaint was not lodged within the standstill period, the complainant must furthermore indicate whether a suspensory effect of the complaint has been requested, see clause 6(4) of the Act.


Winner: Sun Pharmaceuticals Germany GmbH
Award value: 5000000
Number of bids: 3