Public procurement notice: Contract Award Notice
Published: 2019-08-14
Buyer: Amgros I/S
Country: DK
Contract type: Supplies
Procedure: Open procedure
CPV classification: 33600000: Pharmaceutical products
Estimated value: 8420000 EUR
Award criteria: Lowest price

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 3 countries. In Denmark certain pharmaceuticals is resold to the Faroe Island and Greenland.
Tenders for the pharmaceuticals are invited so that the contracting authorities can enter into framework agreements for delivery of the pharmaceuticals requested in the list of products and specified under the various lots below (section II.2.4).
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 is based on historic consumption data and that the suppliers must expect that the actual purchase under a framework agreement may differ significantly from the estimate. Reference is made to paragraph 3.6 of the tender specifications and clause 2 of the framework agreement.
The supplier must have authorisation to produce, import or receive pharmaceuticals for wholesale distribution within the EU/EEA.
Marketing authorisations applicable for Denmark, Norway and Iceland must be in place for the pharmaceuticals in sufficient time to ensure that the pharmaceuticals appear in Medicinpriser.dk (Denmark), ‘Farmalogg’ (Norway) and ‘Lyfjaverðskrá’ (Iceland) no later than 1.12.2019.
Clause 1 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 2 options may be exercised on the terms and conditions stipulated in the framework agreement and in the tender specifications.
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).
In relation to section II.2.4) it should be noted that the contracting authorities has considered whether the procurement group can be subdivided. The contracting authorities has assessed that this is not the case on the basis of considerations of economies of scale which will not be realisable in case of a further subdivision, as well as costs and patient safety considerations related to the subsequent management 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 the procurement for the duration of the framework agreement, including the option of renewal, see section II.2.7) and 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 differ significantly from the estimate, see section II.2.4), paragraph 3.6 of the tender specifications and clause 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 2.6.2016 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: AOP Orphan Pharmceuticals AG
Award value: 8420000
Number of bids: 4