Voluntary ex-ante transparency notice: Supplemental agreement to 2305 MS, ATC code N02BG10 cannabinol

Description

The Norwegian Hospital Procurement Trust, Pharmaceutical Division [Sykehusinnkjøp HF, Divisjon legemidler] is collecting tender offers for pharmaceuticals to be used by the health trusts. The Norwegian Hospital Procurement Trust previously announced and held an open tender contest for 2305 MS. The competition includes active ingredients in accordance with the tender documentation, annex 3 - the Active Ingredients List. No agreements were entered into for the relevant lots (lot 8, ATC code; N02BG10, Sativex). Therefore there is still a need to enter into a new contract. Lot 1: The Norwegian Hospital Procurement Trust previously announced and held an open tender contest for 2305 MS. The competition includes active ingredients in accordance with the tender documentation, annex 3 - the Active Ingredients List. No agreements were entered into for the relevant lots (lot 8, ATC code; N02BG10, Sativex). Therefore there is still a need to enter into a new contract. Due to this, the Norwegian Hospital Procurement Trust intends to enter into contracts between the regional health trusts (the Contracting Authorities) and Almirall ApS (the Tenderer) as an additional contract to 2305 MS, i.e., the scope and duration of the contract must follow the mentioned procurement (including access to extensions and terminations), without a new tender contest being held for this ingredient. The health trusts that are under the regional health authorities have options to join the contracts. The same applies for non-profit institutions/hospitals with an operational contract with each health region. The Norwegian Hospital Procurement Trust explored the market situation and is of the opinion that it is not possible to hold a new contest, nor that a tenderer other than Almirall is able to deliver the product during the impending contract period, and that it is not the contracting authorities' fault that such a situation has occurred, nor is it something that the contracting authorities could predict. Sykehusinnkjøp therefore believes that there are grounds to carry out the procurement without a contest. See the public procurement regulations §21-5, c.f. § 21-2, c.f. § 13-4 letter b no. 3 and letter cf. also § 13-3 letter e. The Norwegian Hospital Procurement Trust requests that those who have objections to this intention submit feedback before the waiting period expires, which is set for 16.06.2023. If no objections are received, contracts will be signed after the waiting period has expired.