The present open house procedure is not subject to public procurement law and has already been concluded with OJ L 100, p. EU 2022/S 082-220595 published in the Supplement to the Official Journal of the EU (initial publication) and with OJ L 2022, p. EU 2023/S 079-237133 und ABl. EU 2023/S 206-647073. The Contracting Authority has extended the procurement requirements for this procedure and hereby announces this in accordance with its announcement under Section II.2.4) of the Initial Announcement and Section A.I.4 of the Terms and Conditions of Participation (Follow-up Announcement).
AOK Baden-Württemberg (AOK BW) intends to conclude non-exclusive rebate agreements with all suitable pharmaceutical companies in accordance with § 130a (8) SGB V for medicinal products with the active ingredients listed in Appendix 3 to the Terms and Conditions of Participation. The contract period begins on 1.7.2022 at the earliest and is a maximum of 24 months.
The procurement requirements of OHV 2022-1 include all medicinal products with the active ingredients named in Appendix 3 to the conditions of participation (so-called active ingredient list and deadlines). The AOK has taken into account the procurement needs of the company already identified by the announcement OJ L 100, p. EU 2022/S 082-220595 (corrigendum OJ L 2022, p. EU 2023/S 079-237133 und ABl. EU 2023/S 206-647073) to the effect that agreements pursuant to Section 130a (8) SGBV are also to be concluded for medicinal products with the following active ingredient within the framework of this open house procedure:
Tocilizumab (No. 6 of Appendix 3 to the Terms and Conditions)
Appendix 3 to the Terms and Conditions of Participation has been amended accordingly and is available to interested companies after registration free of charge - together with the other procedural documents - on the award platform (see section I.3 of this announcement). The AOK reserves the right to expand the procurement requirements of this open house procedure to include further active ingredients in the course of the further proceedings. Further information on a possible increase in procurement requirements can be found in the conditions of participation (section A.I.4).
Contracts for medicinal products with the active substances referred to in Section II.2.4) of the initial announcement, the so-called starting active substances, will be concluded with effect from 1.7.2022 at the earliest and their term will be a maximum of 24 months. Contracts for medicinal products with the above-mentioned active ingredient will be concluded with effect from 1 January 2024 at the earliest and their term is a maximum of 6 months. All rebate agreements concluded within the framework of this open house procedure will end uniformly on 30.6.2024. For the earliest possible start of rebate agreements with the above-mentioned active ingredient on 1 January 2024, interested companies must submit a complete offer in accordance with the participation documents exclusively in electronic form via the communication area of the procurement platform by 20 November 2023 at the latest. Contracts for the above-mentioned active ingredient will be concluded on 01.12.2023 at the earliest (waiting and standstill period).
It is possible to conclude a discount agreement for medicinal products with the above-mentioned active ingredient at a later date than 1 January 2024 on the first day of each month. The offers must be submitted in full at least 6 weeks before the intended start of the contract. The respective offer deadlines can be found in Appendix 3 to the Terms and Conditions of Participation in relation to the intended start of the contract by the interested pharmaceutical company. For all contracts to be concluded within the framework of this open house procedure, the last possible contract start date is 1.6.2024. Offers for this contract start must be received no later than 19.4.2024.
The AOK makes the content of the discount contract binding for all potential contractual partners. Negotiations on contract content are not conducted. The AOK does not guarantee the contracting parties exclusivity.
In the event of a contract being concluded, the pharmaceutical entrepreneur grants AOK a discount on the medicinal products covered by the contract, which are sold at the expense of AOK in accordance with the terms and conditions of participation and the discount agreement. For each active ingredient that is the subject of the procurement requirement, the percentage discount rate specified in Section I. of the respective active substance-specific product sheet (Appendix 4 to the terms and conditions of participation and Annex 1 in the case of order) applies on the sale price of the pharmaceutical entrepreneur (ApU) excluding VAT.