The object of the service advertised here lies in the direct placement of workers as employees of gematik in the following areas:
• Recruiting
• Business Continuity Management
• project management
• Planning / control
• Consultant / Topic Management
It is the typical activity of a recruiting service provider / headhunter.
A framework agreement is concluded with the contractors (intermediaries), which forms the basis for the conclusion and execution of individual calls to (partially) cover gematik's personnel requirements in the above-mentioned areas.
This framework agreement exclusively covers the direct placement of employees. The placement of self-employed or freelance persons or temporary employees within the meaning of the AÜG is not part of the framework contract.
The subject of the procurement needs are direct recruitment services in the following service categories according to the service description on which this procedure is based:
• Recruiting
• Business Continuity Management
• project management
• Planning / control
• Consultant / Topic Management
The interested party must be determined by at least one (1) of the above service categories. It is also possible to define several or all of the aforementioned service categories without restriction.
For the above-mentioned areas, gematik intends to conclude a framework contract for direct recruitment with a limited number of interested contractors (agents). The framework agreement forms the basis for the conclusion and implementation of individual contracts (individual requests) between the client and the contractor for direct recruitment services.
The following limitations apply to the possibility of joining the framework agreement:
1. The number of framework contractors is limited to 15 (fifteen).
2. The submission of applications for membership is only possible until 21.11.2021, 4 p.m.
In order to take account of the diversity of potential contractors under the authorisation model, any eligible undertaking will be allowed to accede to the framework contract during the accession period referred to above, until the number of 15 open places is exhausted. The contractual documents required for this purpose are available under I.3. link is available for download.
Note: Publication is done here using the open procedure form. However, this is not such an open procedure - the notification form had to be used for technical reasons, as there is no suitable form for the approval procedure. Rather, gematik assumes that this approval procedure does not fall within the scope of the “antitrust law” due to the lack of a selection decision and consequently the non-discriminatory access to the framework agreement.
The framework agreement within the framework of the authorisation procedure will enter into force for the first time on 15.11.2021 and will end on 14.11.2023, subject to the contractual extension option. Irrespective of this, it ends automatically with the entry into force of any exclusive contract for direct recruitment services following a formal award procedure in accordance with the provisions of Part 4 of the ARC with one or more contractual partners.
The prerequisite for the conclusion or subsequent accession to the framework agreement, which comes into force for the first time on 15.11.2021, is the complete and timely transmission of the following documents/declarations/attachments to the contact person listed below at Gematik:
1. Application for admission or accession to the framework agreement “Direct Personnel Placement — Open House” (form Annex A).
2. Proof of entry in the professional or commercial register (no older than 6 months at the time of application for admission or accession) in accordance with the legislation of the country in which the company is resident (in a non-certified copy) or, if applicable, a declaration that, in accordance with the relevant country there are no registrations in the professional or commercial register (form Annex B).
3. Company's own declaration of reliability (form appendix B).
4. Self-declaration that the company has fulfilled its obligations to pay taxes, duties or social security contributions (Annex B form).
5. Framework Agreement “Direct Recruitment Non-Technical Profiles — Open House” - completed and signed