Contract notice: Pharmaceutical products Tender, Germany - 33210571

Procurement Summary

Country : Germany

Summary : Contract notice: Pharmaceutical products

Deadline : 30 Jun 2021

Other Information

Notice Type : Tender

TOT Ref.No.: 33210571

Document Ref. No. : 239138-2019

Financier : Self Financed

Purchaser Ownership : -

Tender Value : Refer Document

Purchaser's Detail

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Tender Details

Object of the contract
Pharmaceutical products

Description: Contract notice: Pharmaceutical products

Authority Type: Body governed by public law
Contact Nature: Supplies
Procedure: Open procedure
Document: Contract notice
Regulation: European Union, with participation by GPA countries
Award criteria: The most economic tender
CPV code: 33600000, 33600000
CPV Description: Pharmaceutical products.

Open House original discount contracts 2019-09 Saquinavir

Reference Number: OH-Originale-2019-09

The TK pursues the goal, with all suitable pharmaceutical entrepreneurs rebate contracts according to - 130a Abs. 8 SGB V over the active substance Saquinavir.

Access to this open-house procedure is possible at any time during the contract period. Due to the BIn the case of industrial property rights with regard to the active substance of the contract, the participation and contract documents are only made available to pharmaceutical companies offering / placing on the market or proving to TK medicinal products of the substance in question internallyThe contract will be concluded with all pharmaceutical companies fulfilling the conditions laid down in Annex 4 to the contract (self-declaration for approval and the company) and confirming this by signing this contract.

The present notice does not apply to Awarding of a public contract within the meaning of the contracting authorityDirective (2014/24 / EC) or antitrust law. In order to provide the broadest possible information to interested pharmaceutical companies, this notice is published in the Supplement to the Official Journal of the European Union. The procedure used in this notice text Open procedure No IV.1.1) and the addendum awardNumbers II.2.5) are due to the requirements of the Notice Form and have no further significance. Hereby, as well as with the use of the medium TED, there is no subordination of subcontracting regulations, the validity of which is not mandatory by law or regulations.

According to - 130a Abs. 8 Sentence 1 SGB V, discount agreements can only be made with pharmazenical entrepreneurs i. P. D. - 4 para. 18 AMG are concluded, whereby the property of the contracting parties as pharmaceutical entrepreneurs refers to the drugs offered in each case. It should be noted that within the scope of the AMG, medicinal products may only be marketed by a pharmaceutical entrepreneur, whose registered office is within the scope of AMG, in another Member State of the European Union or in another Contracting State to the Agreement on the European Economic Area (Section 9 (2) sentence 1 AMG). Local representatives of a pharmaceutical entrepreneur can only participate if they are themselves pharmaceutical companies i. P. D. - 4 para. 18 AMG with regard to the drugs offered.

The TeilnaCompany and contract documents are provided exclusively in electronic form on the above-mentioned allocation portal.

Questions about this procedure and / or the participation and contract documents are available to the TK via a central contact person exclusively via the TK`s allocation portal, there via the section " Communication "to this open-house process.

Hinweis to clause I.3): The participation and contract documents will be sent to all pharmaceutical companies i.S.v. Points II.2.4) and III.1.1). The information in section I.3) has no further meaning. For this purpose, a free registration on http://www.dtvp.de is required.

Note to Section IV.2.7): Joining this open-house procedure is within the contractpossible at any time. All contract offers are opened and checked upon receipt. Please note that the registration of discount medicines in the pharmacy software can only be guaranteed on the first day of a calendar month if the written contract documents are complete and signed up to the third month of the previous month. It applies dthe date of receipt by the TC (see participation and contract documents).

Please note the following points when filing remedies (sections VI.4.1) to VI.4.4):

This publication is not the awarding of a public contract within the meaning of the Procurement Coordination Directive (Directive 2014/24 / EU) or the Public Procurement Act (see also ZiII.2.4)). There is a lack of a selection decision i.S. of Art. 1 (2) Directive 2014/24 / EU). In view of this, a contract review procedure is not permitted. Therefore, disputes concern the interpretation and effectiveness of the terms of this Open House procedure, including the contractual provisions, in accordance with the EU law principles of non-discriminationtion, equal treatment and transparency - according to the case law of the Higher Regional Court of Duesseldorf (Case VII-Verg 37/18) the recourse to the social courts is open. The jurisdiction of the social courts is governed by -- 51 ff. SGG. The preliminary proceedings and interim relief as well as the proceedings at first instance are governed primarily by -- 77 et seq., 87 et seq. SGG.

Only if the legal protection objective of a legal remedys is aimed at asserting the existence of a public contract within the meaning of section 103 GWB because the existence of a selection decision i. P. V. Article 1 (2) of Directive 2014/24 / EU (see the case-law of the European Court of Justice in Tirkkonen (C-9/17) and Dr Falk Pharma GmbH (C-410/14)), is the legal recourse to the Verification Authorityaccording to -- 160 ff. GWB. These precautionary instructions are not subject to subcontracting under procurement regulations (-- 97 ff. GWB).

Announcement ID: CxR0YYRYYKW.


Internet address (URL): www.tk.de/vergabe

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