Germany - Drugs

Description

The present procedure is not subject to public procurement law. It is an open house procedure. In the interest of transparency and the broadest possible information of interested pharmaceutical companies, this announcement is made in the Supplement to the Official Journal of the European Union. Insofar as formulations are used in the context of this announcement which indicate the award of a public contract, this is solely due to the specifications of this announcement form. This, as well as the use of the medium "TED", does not imply any submission to public procurement regulations, the application of which is not mandatory by law or public procurement regulations and according to the case law of the European Court of Justice.The AOK Baden-Württemberg (AOK) intends to conclude non-exclusive discount contracts with all suitable pharmaceutical companies pursuant to Section 130a (8) of the German Social Code, Book V, for drugs with the active ingredients named in Annex 3 to the Conditions of Participation and in Section II.2.4) of this contract notice. The term of the contract shall commence on July 1, 2023 at the earliest and shall not exceed 24 months. It shall end on June 30, 2025 at the latest. Within the period from July 1, 2023 to June 30, 2025, a contract may be concluded at any time on the first day of a month. For information on a possible extension of the procurement requirement by the AOK, on the deadlines and on the start of the contract, please also see section II.2.4) of this announcement, sections A.I.4.1 and A.III.3 of the Conditions of Participation, and Annex 3 to the Conditions of Participation.
The procurement requirement includes all drugs with the active ingredients named in Annex 3 to the Conditions of Participation (so-called list of active ingredients and deadlines). The AOK will start the open house procedure with the following active ingredients (so-called starting active ingredients):1. adalimumab (Lf.-Nr. 1 of Annex 3 to the Conditions of Participation),2. etanercept (Lf.-Nr. 2 of Annex 3 to the Conditions of Participation),3. filgrastim (Lf.- Nr.No. 3 of Appendix 3 to the Conditions of Participation),4. infliximab (Lfd. No. 4 of Appendix 3 to the Conditions of Participation),5. interferon beta-1a (Lfd. No. 5 of Appendix 3 to the Conditions of Participation),6. interferon beta-1b (Lfd. No. 6 of Appendix 3 to the Conditions of Participation),7. leuprorelin (Lfd.No. 7 of Appendix 3 to the Conditions of Participation),8. octreotide (depot)* (Lf.-No. 8 of Appendix 3 to the Conditions of Participation),9. pegfilgrastim (Lf.- No.No. 9 of Annex 3 to the Conditions of Participation).*In this respect, only drugs with sustained-release (long-acting) monthly depot forms are included in the procurement requirement.The AOK reserves the right to expand the procurement requirement of this open-house procedure in the course of the further procedure, i.e. to add further active ingredients to Annex 3 to the Conditions of Participation. This would also make rebate contracts for drugs with these additional active ingredients the subject of the present open house procedure. Of course, this would not extend the content of contracts already concluded for other active ingredients; instead, a new contract would have to be concluded for each active ingredient (see also sections A.I.1, A.I.4.1 and A.III.4 of the Conditions of Participation). If the AOK decides to extend the procurement requirement, it will announce this circumstance in each case in a further contract notice (so-called follow-up notice), which refers to this contract notice (so-called initial notice), in the Supplement to the Official Journal of the European Union. Further information on a possible extension of the procurement requirement is contained in the Conditions of Participation (Section A.I.4.1).Contracts for medicinal products containing the starting substances will be concluded with effect from July 1, 2023 at the earliest. All discount contracts concluded within the framework of this open house procedure will end uniformly on 30.6.2025. For the earliest possible contract start on 1.7.2023, interested companies must submit a complete offer in accordance with the participation documents exclusively in electronic form via the communication area of the award platform by 19.5.2023 at the latest. Discount agreements on medicinal products with the starting substances will be concluded no earlier than 5/31/2023 (waiting and standstill period). The conclusion of a rebate contract for medicinal products with the starting substances at a later date than July 1, 2023 is possible on the first day of each month. The offers must be submitted in full no later than 6 weeks before the intended start of the contract. The respective deadlines for the submission of bids in relation to the intended start of the contract by the interested pharmaceutical company can be found in Annex 3 to the Conditions of Participation. In the event of an extension of the procurement requirement, the respective (maximum) contract term of the discount contracts for medicinal products with the newly added active ingredients, the offer deadlines related to the intended start of the contract as well as the waiting and standstill period shall be communicated in the (then updated) Annex 3 to the Conditions of Participation. For all contracts to be concluded within the scope of this open house procedure, the last possible contract start date is 1.6.2025. Offers for this last possible contract start date must therefore be received by 17.4.2025 at the latest.The AOK specifies the content of the discount contract in a binding manner for all potential contract partners. Negotiations on contract contents are not conducted. In the event of the conclusion of a contract, the pharmaceutical entrepreneur shall grant the AOK a discount on the contractual medicinal products, which shall be dispensed at the expense of the AOK in accordance with the terms and conditions of participation and the discount agreement (for the specified discount amount and discount calculation, reference is made in particular to sections A.I.4.3, A.I.5 and A.I.7 of the terms and conditions of participation as well as § 2 (2) and § 4 (3) of the discount agreement.

Opportunity closing date

17 April 2025

Value of contract

to be confirmed