Germany - Pharmaceuticals

Description

§ Section 130a para. 8 of the German Social Code, Book V enables health insurance funds and pharmaceutical companies to conclude framework discount agreements for the drugs to be dispensed at the expense of the statutory health insurance funds. With regard to the relevant legal regulations for the award of public contracts, a regular process of drug-related, formal award procedures according to the regulations of Part 4 of the GWB is carried out by DAK Health. DAK-Gesundheit intends to conclude drug discount agreements with as many interested pharmaceutical companies as possible for the above-mentioned active ingredient (Fentanyl (sublingual tablets only), N02AB03) for drugs to be named by the bidder in Annex 2 to the contract until new drug discount agreements come into force. A rebate contract, as a rule in the approval model for the above-mentioned active ingredient, comes into force for the first time on 1.9.2020 and ends on 31.8.2022. Independently of this, it ends automatically when the exclusive contract comes into force.
The DAK-G assumes that this procedure does not fall within the scope of cartel public procurement law due to the lack of a selection decision and thus the non-discriminatory access of all pharmaceutical companies. Irrespective of this, it ends automatically when the exclusive contract for Fentanyl (exclusively sublingual tablets), N02AB03, comes into force, following a formal award procedure in accordance with the provisions of Part 4 of the ARC with one or more contracting parties. In order to do justice to the diversity of potential contractual partners within the licensing model, each pharmaceutical company is allowed to conclude a framework agreement at any time and under the same conditions during the term of the agreement. The contractual documents required for this purpose are available for download from the online portal www.dtvp.de/center under the link mentioned under I.3).Prerequisite for the conclusion of, or subsequent accession to, the contracts which come into force for the first time on 1.9.2020 is the complete and timely submission of the following evidence/declarations/annexes (available for download under the link mentioned under I.3)) to the contact person at DAK-G:1. letter of offer,2. current proof of entry in the professional or commercial register (see III.1.1)),3. company's own declaration (Annex A1) that none of the exclusion criteria pursuant to Sections 123, 124 GWB are met (see III.1.1))),4. self-declaration that a marketing authorisation under pharmaceutical law exists for those medicinal products for which the interested party wishes to conclude a contract within the scope of this procedure and that the bidder is entitled to market them at the beginning of the contract (Annex A2) (see III.1.1)),5. self-declaration by the company that the legal requirements regarding minimum wage and adherence to collective bargaining agreements are observed and complied with (Annex A3) (see III.1.1))),6. acceptance of the contractual requirements of DAK-Gesundheit, in particular the specified discounts, by signing the contract bearing the company stamp (2 copies in original) by the interested party in the designated place,7. the completed Annexes 1 and 2 to the contract (2 copies in original each). The interested party must enter here the medicinal products for the above-mentioned active substance which are to become the subject of the contract.8. Effective prequalification notification from DAK-Gesundheit (see III.1.1) and III.1.2)).The documents must be submitted by post to:DAK-GesundheitHenri Affinass (0032 00)Nagelsweg 27-3120097 HamburgAt the same time, Annex 2 must be sent as an Excel file to the e-mail address am_rabattvertraege@dak.de. Contracts within the framework of this model and for the above-mentioned active substance will be concluded for the first time with effect from 1.9.2020 and will end on 31.8.2022. Interested parties who wish to become contractual partners on this date must submit the above-mentioned documents to the above-mentioned office by the 5th of the previous month. To meet the deadline, electronic receipt of the complete documents by e-mail to E-Mail-Adresseam_rabattvertraege@dak.de is sufficient. Later accessions are possible at any time. In order to be able to join during the term of the contract on the 1st or 15th of the following month, the above-mentioned documents must be submitted to DAK-Health by the 5th of the previous month, regardless of the desired membership. Here too, timely receipt of both DAK-G is important. Example: The bidder wishes to join the DAK Health Care by 15.07.20xx (following month), the documents must be submitted by 05.06.20xx (previous month).Note: Publication is made here using the form for open procedures. As already made clear, this is not such a form - the notice had to be used for technical reasons, as there is no form suitable for admission procedures.

Opportunity closing date

05 July 2022

Value of contract

£0-100k