This framework agreement applies to the conclusion and implementation of temporary employment contracts between the hirer and the lender in one or more of the following service categories (job families).
The selection of the service categories to be covered by this contract is made by the lender. The service categories are as follows:
• […] Development
• [...] Architecture
• [...] Coordination / Management
• […] (Business) Administration
• [...] Communications & Marketing
• […] Service Management
• [...] Infrastructure
The services of the lender are to be provided in accordance with this contract and the respective individual call-off, the service description (LB) (LB) (Annex 2), all annexes and accompanying documents supplementary to the aforementioned documents as well as the applicable legal regulations.
The subject of the procurement requirement is temporary employment in the benefit categories (job families):
• […] Development
• [...] Architecture
• [...] Coordination / Management
• […] (Business) Administration
• [...] Communications & Marketing
• […] Service Management
• [...] Infrastructure
The framework agreement within the framework of the approval procedure will enter into force for the first time on 01.10.2022 and will end on 30.09.2025 subject to the contractual extension option.
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.
Prerequisites for the conclusion or subsequent accession to the framework agreement, which will come into force for the first time on 01.10.2022, is the complete and timely sending of the following proofs/declarations/attachments to the following contact person at gematik:
1. Application for admission or to join the Open House Framework Agreement RXÜ 5 – Diverse Specialists II (form).
2. Proof of registration in the professional or commercial register (not older than 6 months at the time of the application for authorisation or accession) in accordance with the legislation of the country in which the company is established (in an uncertified copy) or, if applicable, a declaration that there are no entries in the professional or commercial register in accordance with the relevant national legislation (form).
3. Signed self-declaration of reliability by the company (form).
4. Signed self-declaration that the company has fulfilled its obligations to pay taxes, contributions or social security contributions (form).
5. Proof of the existence of a permit for the assignment of employees to third parties for the performance of work in accordance with § 1 para. 1 of the Act on the Regulation of Temporary Employment (AÜG).
6. Signed and stamped framework agreement "Open House Framework Agreement RXÜ 5 – Various Specialists II (2 copies in the original) without attachments
The above-mentioned documents are marked in writing (by post or electronically with qualified electronic signature [QES] according to §126a BGB) with "Open House Framework Agreement RXÜ 5 – Diverse Specialists II"
to be submitted to:
gematik GmbH
purchasing
Friedrichstrasse 136
10117 Berlin
Or
einkauf@gematik.de
cc externe@gematik.de
In order to join the framework agreement on 01.10.2022, the aforementioned documents must be received by gematik at least seven (7) days in advance, i.e. at the latest by 23.09.2022, 24 o'clock.
However, compliance with this deadline is not mandatory, as subsequent accessions usually take place seven days after receipt of the application for admission or accession to the framework contract at gematik.