Medical practice and related services (Норвегия - Тендер #42925550)

Operation of a doctor surgery

The municipality and the relevant GPs have had a dialogue over time with Volvat/Capio Norge Holding AS (Volvat) on the possibility to establish and run a doctor surgery in Rana. The dialogue with the municipality is about two joint doctor surgeries, which consist of a total of 9 patient lists, which would like to move their activities to a newly established doctor surgery run and staffed by Volvat, through a newly established subsidiary company called Fastleger Rana AS. 4 of the patient lists are run by 4 self-employed doctors. A draft has been prepared for individual hire contracts between Volvat and the self-employed GPs.

Mo i Rana

5 of the patient lists do not have a GP, and the municipality is responsible for the patients on these lists having access to GP services. The municipality thus needs to enter into an equivalent contract for doctor surgery hire/services with Volvat for the number of GP permits where there is not ana employed GP, currently 5 permits. The contract draft describes and regulates the hire of premises and the accompanying administrative services, as well as health personnel in reception, sample taking, etc.

As when the permits are hopefully filled, the self-employed doctors will take over the hire contract with Volvat and the municipality"s lease will be phased out equivalently. If the permits are filled by doctors who want permanent employment in the municipality, the municipality will keep these leases. The contracting authority has considered the possibility of splitting up the contract area and subsequently any contest, but has decided that this is not practical to do this.

The 4 self-employed GPs each run their own doctor surgery/joint office. If the municipality moved patient lists without GPs out from the existing joint office, this would change the framework terms for the self-employed doctors to such a large degree that it would not be financially feasible. In the same way it would be impossible for the municipality to offer GP services in the existing joint office if the GPs move their GP surgeries and thus closing their joint office by necessity. These 9 patient lists must therefore be seen as one.

Note that the municipality currently rents offices and health personnel resources from the joint offices in order to offer patients on the patient lists without a GP general doctor services.

Rana Municipality would like to receive tenders for the following services:

- The landlord offers all-inclusive services, including premises, the necessary equipment and material, fixtures, laboratory capacity equivalent to other GP surgeries, sufficient personnel resources to cover the GPs" factual need for assistance, and to ensure compliance with the requirements in the GP regulations. 

- The landlord has employer liability, operational responsibility for support personnel and managers, and quality responsibility.

- All costs connected to operations are covered by the landlord.

- In the doctor surgery"s opening hours, only doctors with a GP contract with Rana Municipality, or doctors employed in Rana Municipality can provide doctor services from the premises.

-The doctor surgery must be operative and fully operational from 01.01.24.

This notice gives those who believe that the municipality does not have the legal basis to enter into a direct contract the opportunity to intervene in the process. Rana Municipality will enter into a possible contract on 26.06.2023 at the earliest.

The Public Procurement Regulations § 13-4, cf. § 30-5(4) gives access to an exemption from holding a contest for a procurement, including the obligation to announce a contest for the procurement on certain terms. The relevant provision here is letter b (2):

b) the procurement concerns services that only one specific supplier can provide as

2. competition is impossible due to technical reasons.

The municipality considers that the term on competition being impossible due to technical reasons is fulfilled.. In order for competition to be impossible due to technical reasons, an interoperability requirement must be fulfilled so that the procured service has the desired function. The existing GPs want to enter into a direct contract with Volvat. These contracts are not covered by the public procurement rules. If there was to be real competition for the service deliveries, these contracts, which are not covered by the public procurement rules, would also have to be an object for the procurement. In order to ensure interoperability with the GP service that is currently provided from the two self-employed doctor surgeries, the municipality has to choose the same actor that the GPs already have chosen to provide the service. The municipality"s assessment is based on the above as it is only Volvat that in this case has the resources that are necessary to provide the services.