The present procedure is not subject to public procurement law. This is an open-house procedure. In the interest of transparency and the widest possible level of information for interested pharmaceutical companies, this announcement is published in the Supplement to the Official Journal of the European Union. Insofar as formulations are used in the context of this notice which indicate the award of a public contract, this is solely due to the requirements of this notice form. This, as well as the use of the medium "TED", does not imply any submission to public procurement regulations, the validity of which is not mandatory by law or procurement regulations and according to the case law of the European Court of Justice.
AOK Baden-Württemberg (AOK) intends to conclude non-exclusive discount agreements with all suitable pharmaceutical companies in accordance with Section 130a (8) SGB V for medicinal products with the active ingredients specified in Annex 3 to the Conditions of Participation and Section II.2.4) of this contract notice. The contract period begins on 1.7.2023 at the earliest and is a maximum of 24 months. It ends on 30.6.2025 at the latest. A contract can be concluded within the period from 1.7.2023 to 30.6.2025 at any time on the first day of the month. For a possible extension of the procurement requirements by the AOK, for the deadlines and the start of the contract, see Section II.2.4) of this announcement, Sections A.I.4.1 and A.III.3 of the Conditions of Participation and Annex 3 to the Conditions of Participation.
Procurement requirements include all medicinal products with the active substances specified in Appendix 3 to the conditions of participation (so-called list of active substances and deadlines). AOK starts the open-house process with the following active ingredients (so-called starting agents):
1. adalimumab (Lfd. No. 1 of Annex 3 to the Conditions of Participation),
2. etanercept (Lfd. No. 2 of Appendix 3 to the Conditions of Participation),
3. Filgrastim (Lfd. No. 3 of Appendix 3 to the Conditions of Participation),
4. infliximab (Lfd. No. 4 of Appendix 3 to the Conditions of Participation),
5. interferon beta-1a (Lfd. No. 5 of Appendix 3 to the Conditions of Participation),
6. interferon beta-1b (Lfd. No. 6 of Annex 3 to the Conditions of Participation),
7. leuprorelin (Lfd. No. 7 of Appendix 3 to the Conditions of Participation),
8. Octreotide (Depot)* (Lfd. No. 8 of Appendix 3 to the Conditions of Participation),
9. Pegfilgrastim (Lfd. No. 9 of Appendix 3 to the Conditions of Participation).
* In this respect, only medicinal products with delayed (long-acting) monthly depot forms are included in the procurement requirement.
The AOK reserves the right to expand the procurement requirements of this open-house procedure in the course of the further procedure, i.e. to supplement Annex 3 to the conditions of participation with further active ingredients. This would also mean that discount agreements on medicinal products with these additional active ingredients would also be the subject of the present open house proceedings. Of course, this would not extend the content of contracts already concluded to other active substances, but would require the conclusion of a new contract for each active substance (see also sections A.I.1, A.I.4.1 and A.III.4 of the Conditions of Participation). If the AOK decides to expand the procurement requirements, it will publish this circumstance in a further contract notice (so-called follow-up notice), which refers to this contract notice (so-called initial notice), in the supplement to the Official Journal of the European Union. 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 starting active ingredients will be concluded with effect from 1.7.2023 at the earliest. All discount agreements concluded as part of this open-house procedure will end uniformly on 30.6.2025. For the earliest possible start of the contract on 1.7.2023, 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 19.5.2023 at the latest. Discount agreements for medicinal products with the starting active ingredients will be concluded on 31.5.2023 at the earliest (waiting and standstill period). It is possible to conclude a discount agreement for medicinal products with the starting active ingredients at a later date than 1.7.2023 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. In the event of an extension of the procurement requirement, the respective (maximum) contract term of the discount contracts for medicinal products with the newly added active ingredients, the offer periods related to the intended start of the contract as well as the waiting and standstill period will be communicated in the (then updated) Annex 3 to the conditions of participation. For all contracts to be concluded within the framework of this open house procedure, the last possible contract start date is 1.6.2025, so offers for this last possible 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).