Public procurement notice: Voluntary Ex Ante Transparency Notice
Published: 2017-09-13
Buyer: Sykehusinnkjøp HF
Country: NO
Contract type: Supplies
Procedure: Contract award without prior publication
CPV classification: 33600000: Pharmaceutical products
Estimated value: 4000000 NOK
Award criteria: Lowest price

Technical requirements: The procurement comprises the purchase of the active ingredients N01BB01 Bupivacaine and L01AA03 Melphalan for relevant health authorities in Norway (see the attached Excel file). The Contracting Authority intends to sign agreements with Aspen Pharma and Macure Pharma ApS.
The procurement of N01BB01 Bupivacaine is a consequence of the termination of the existing agreements on the active ingredient N01BB01 under LIS 1701 A, due to long term and continued delivery failure.
The procurement of L01AA03 is to ensure delivery of the active ingredient until a new procurement takes place. The start date for new agreements is 1.2.2018.
To cover the health authorities' need for the active ingredients Bupivacaine and Melphalan, it is necessary to enter into new framework agreements. A new procurement process will take about 2 months to execute, and a new service provider will additionally need a lead time of 3 months from awarding of the agreement until delivery can occur. A new agreement will therefore most likely not be in place before December, after a regular tender process. With the execution of a regular tender process, the health authorities must wait an unreasonable length of time before the new supplier is in place. The existing agreements under LIS 1701 A are in place until 31.1.2018, and a new agreement for the active ingredient Bupivacaine will therefore, after a regular tender process, only have a duration of a little under 2  months. New procurement processes have been started for this entire contract area, the new framework agreements shall apply from 1.2.2018. It is therefore considered unlikely that there will be any interested parties in the supplier market to participate in a regular tender process for only the active ingredients Bupivacaine and Melphalan, when the agreement period is under 2 months. In regard to the purchase of the active substances, the Contracting Authority has made enquiries to all suppliers in the market that the Contracting Authority has knowledge of, and who may be relevant for the delivery of this active substance. Aspen Pharma and Macure Pharma ApS are the only suppliers who have confirmed that they can deliver.
On this basis, the Contracting Authority means that it would be impossible to uphold the deadlines for an open tender contest as a consequence of circumstances for which the Contracting Authority is not responsible, and that the Contracting Authority cannot have foreseen, and that therefore there is statutory basis to enter into an agreement with Aspen Pharma and Macure Pharma ApS.
To cover the health authorities' need for the active ingredients Bupivacaine and Melphalan, it is necessary to enter into new framework agreements. A new procurement process will take about 2 months to execute, and a new service provider will additionally need a lead time of 3 months from awarding of the agreement until delivery can occur. A new agreement will therefore most likely not be in place before December, after a regular tender process. With the execution of a regular tender process, the health authorities must wait an unreasonable length of time before the new supplier is in place. The existing agreements under LIS 1701 A are in place until 31.1.2018, and a new agreement for the active ingredient Bupivacaine will therefore, after a regular tender process, only have a duration of a little under 2 months. New procurement processes have been started for this entire contract area, the new framework agreements shall apply from 1.2.2018. It is therefore considered unlikely that there will be any interested parties in the supplier market to participate in a regular tender process for only the active ingredients Bupivacaine and Melphalan, when the agreement period is under 2 months. In regard to the purchase of the active substances, the Contracting Authority has made enquiries to all suppliers in the market that the Contracting Authority has knowledge of, and who may be relevant for the delivery of this active substance. Aspen Pharma and Macure Pharma ApS are the only suppliers who have confirmed that they can deliver. On this basis, the Contracting Authority means that it would be impossible to uphold the deadlines for an open tender contest as a consequence of circumstances for which the Contracting Authority is not responsible, and that the Contracting Authority cannot have foreseen, and that therefore there is statutory basis to enter into an agreement with Aspen Pharma and Macure Pharma ApS.


Winner: Macure Pharma ApS
Award value: 4000000