The present OHV is not subject to public procurement law and has already been amended with OJ No. EU 2023/S 079-237358 published in the Supplement to the Official Journal of the EU (initial notice). 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 notice and Section A.I.4.1 of the Conditions of Participation (follow-up notice). AOK BW intends to conclude non-exclusive discount agreements with all suitable pharmaceutical companies in accordance with § 130a para. 8 SGB V on medicinal products with the products listed in Anl. 3 to the conditions of participation. The contract period begins for the active ingredients/active ingredient combinations in accordance with para. II.2.4) of the first announcement at the earliest on 1.7.2023 and is max. 24 months. The contract period begins for the active ingredients/active ingredient combinations in accordance with para. II.2.4) of this follow-up announcement at the earliest on 1.8.2023 and is max. 23 months.
The procurement requirements of OHV 2023 include all medicinal products with the active ingredients specified in Appendix 3 to the conditions of participation (so-called active ingredient list and deadlines). The AOK Baden-Württemberg (AOK) has taken into account the procurement requirements of the contract already covered by the announcement OJ No. EU 2023/S 079-237358 to the effect that agreements pursuant to § 130a para. 8 SGBV are also to be concluded for medicinal products with the following active ingredient combination within the framework of this open house procedure:
Beclometasone dipropionate + formoterol hemifumarate-1 water (Lfd. No. 10 of Appendix 3 to the Conditions of Participation, as of 31.05.2023).
Annex 3 to the conditions of participation has been amended accordingly and is available to interested companies after free registration - together with the other procedural documents - on the procurement platform (see section I.3) of this notice). 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 procedure. Further information on a possible extension of the procurement requirements can be found in the conditions of participation (Section A.I.4.1).
Contracts for medicinal products with the above-mentioned active ingredient combination will be concluded with effect from 1.8.2023 at the earliest. All discount agreements concluded as part of this open-house procedure will end uniformly on 30.06.2025. For the earliest possible start of discount agreements with the above-mentioned active ingredient combination on 1.8.2023, 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 20.06.2023 at the latest. Contracts for the above-mentioned active ingredient combination will be concluded on 3.7.2023 at the earliest (waiting and standstill period). It is possible to conclude a discount agreement for medicinal products with the above-mentioned active ingredient combination at a later date than 1.8.2023 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 Annex 3 to the conditions of participation with regard to the start of the contract intended 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 1.6.2025. Offers for this contract start must be received by 17.4.2025 at the latest.
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 company shall grant the AOK a discount on the contractual medicinal products which are sold at the expense of the AOK in accordance with the detailed provisions of the 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 conditions of participation as well as § 2 para. (2) and § 4 para. (3) of the discount agreement).