Conclusion of a non-exclusive discount agreement pursuant to Section 130a (8) of the German Social Code (SGB) on medicinal products containing the active substance infliximab (ATC code: L04AB02) within the period from 1.8.2021 to 31.7.2023 with the possibility of concluding a contract at any time during the term (“open-house model”).
The contractual partners can be viewed at: https://www.aok-gesundheitpartner.de/nds/arzneimittel/rabatt/index_03504.html?bl=nds.
Following a public invitation to tender in accordance with the regulations of Part 4 of the GWB, the health insurance fund for Lower Saxony intends to provide non-exclusive drug rebate contracts for the active substance infliximab (ATC code: L04AB02) with as many operators as possible (pharmaceutical entrepreneurs or Pharmaceutical Entrepreneur Communities) in the so-called “open-house model”.
The AOK Niedersachsen will not take a selection decision and will make an identical contract offer to each interested pharmaceutical company. Uniform conditions apply to all participants in the open-house model. The content of the contract, conditions and access procedures are uniform — individual negotiations are generally not conducted. The contract terms are a maximum of twenty-four months, the earliest start of the contract is August 1, 2021. All contracts shall expire no later than July 31, 2023, irrespective of the date of the contract. An entry or conclusion of a contract may take place on the first of each month within the twenty-four month period. There is a right of termination for 6 weeks at the end of each month. The AOK — Gesundheitskasse für Niedersachsen reserves the right to replace the non-exclusive open-house discount agreements with exclusive discount agreements during the contract period. With the entry into force of exclusive discount agreements that have been tendered, the open house contracts will be terminated in accordance with the contractual arrangements, i.e. the open-house contracts will end automatically. According to the experience of the AOK Niedersachsen, exclusive discount contracts usually enter into force 6 to 8 months after the publication of the relevant notice of invitation to tender in the Supplement to the Official Journal of the European Union. The future contracting parties in the open-house model are requested to inform themselves regularly in the Supplement to the Official Journal of the European Union regarding these tender notices.
Interested pharmaceutical companies can request the contractual documents and the contractual terms and conditions at the contact address given under I.1).
Contracts for the active substance infliximab (ATC code: L04AB02) are concluded for the first time with effect from 1.8.2021. Interested parties wishing to become a contracting party by this date must submit the contract documents to be submitted by 27.6.2021 to the address specified in the contract documents. It depends on the access at the AOK Lower Saxony. Subsequent contracts can be concluded on the first of each month during the maximum period of twenty-four months. Organisationally, an advance of as a rule 35 calendar days on the part of the AOK is necessary to ensure the necessary work, e.g. the contract notification to Lauer Taxe®. The exact dates of receipt will be announced together with the contract documents. This publication does not constitute the award of a public contract within the meaning of Directive (2014/24/EU) or public procurement law. In order to ensure the widest possible level of transparency for the contracts envisaged, publication is made in the Supplement to the Official Journal of the European Union. In the absence of a corresponding publication form, the contract notice shall be used. The resulting conceptual requirements, such as the “open procedure” method designation, are solely due to the use of this notice form and the publication platform. There is no other importance, in particular the subjection of subcontracting legislation, insofar as they are not compulsory for legal reasons.