Paragraph 130a(8) of SGB V enables health insurance funds and pharmaceutical companies to conclude framework rebate agreements for medicinal products to be dispensed at the expense of the statutory health insurance funds. In view of the relevant legal provisions on the award of public contracts, a regular process of active ingredient-related, formal award procedures takes place in accordance with the regulations of Part 4 of the GWB by DAK-Gesundheit. For medicinal products relating to the above-mentioned active ingredient, tocilizumab (exclusively pre-filled syringe and pre-filled pen), ATC L04AC07, to be specified in more detail by the bidder in Appendix 2 to the contract, DAK-Gesundheit intends to conclude drug rebate agreements with as many interested pharmaceutical companies as possible until the entry into force of new drug rebate agreements. A rebate agreement in the context of the approval model for the above-mentioned active ingredient will come into force for the first time on 01.12.2023 and end on 30.11.2024 (plus extension option 1x12 months). Irrespective of this, it ends automatically with the entry into force of the exclusive contract.
DAK-Gesundheit assumes that this procedure does not fall within the scope of antitrust procurement law due to the lack of a selection decision and thus the non-discriminatory access of all pharmaceutical companies. Irrespective of this, it ends automatically with the entry into force of the exclusive contract for tocilizumab (exclusively pre-filled syringes and pre-filled pens), ATC L04AC07, following a formal award procedure in accordance with the regulations of Part 4 of the GWB with one or more contractual partners. In order to do justice to the diversity of potential contractual partners within the framework of the authorisation model, each pharmaceutical company will be able to conclude a framework agreement at any time and under the same conditions during the term of the contract. The contract documents required for this purpose are available via the online portal www.dtvp.de/center under I.3. link is available for download.
The prerequisite for concluding or later joining the contracts, which will come into force for the first time on 01.12.2023, is the complete and timely sending of the following documents (available for download under the link mentioned under I.3.) to the following department at DAK-Gesundheit:
1. Offer letter
2. Recognition of the contractual stipulations of DAK-Gesundheit, in particular the given discounts, by submitting the contract with the name or company stamp by the interested party at the designated point.
3. The completed Annexes 1 and 2 to the contract. The interested party has to enter the pharmaceuticals for the above-mentioned active substance, which are to be the subject of the contract.
The documents must be submitted by email to:
openhouse@dak.de
DAK health
Pharmaceuticals Division (0038 00)
Nagelsweg 27-31
20097 Hamburg
Attachment 2 is expressly to be sent as an Excel file to the e-mail address openhouse@dak.de.
Contracts within the framework of this model and for the above-mentioned active ingredient will be concluded for the first time with effect from 01.12.2023 and end on 30.11.2024 (plus extension option 1x12 months). Interested parties who wish to become contractual partners on this date must submit the above-mentioned documents BY E-MAIL by the 5th of the previous month.
The offer must be submitted in text form as an electronic offer by email to openhouse@dak.de. The submission of the offer by post is not intended in this process.
Please do not submit the offer via the German procurement portal.
Electronic receipt of the complete documents by email to the email address openhouse@dak.de is sufficient to meet the deadline.
Later memberships are possible at any time. In order to be able to join the contract on the 1st or 15th of the following month during the term of the contract, the above-mentioned documents must be submitted to DAK-Gesundheit by the 5th of the previous month, regardless of the desired accession. Here, too, it is important that the DAK-G receives it in good time by e-mail. Example: The bidder's desired accession is to take place on 15.07 (the following month), the documents for this would have to be available by 05.06 (previous month).
Note: The publication takes place here using the form for open procedures. As already made clear, this is not the case - the announcement had to be used for technical reasons, since there is no suitable form for the approval procedure.