Understanding Open House Procedures
The Open House procedure is a special form of public procurement where the authority offers contracts to all interested companies under equal conditions – without competition or selection.
Key Features
- Not a procurement procedure under GWB
- No selection decision – all qualifying participants are accepted
- Equal conditions for all contract partners
- Based on ECJ case law (Falk Pharma, C-410/14)
Use Cases
Primarily used for pharmaceutical rebate agreements (health insurers offering contracts for medications) and standardized services with uniform pricing.
How to Participate
- Check the notice on TED or national portals
- Verify you meet the conditions
- Sign the accession declaration
- Contract begins after document review
Pharma Specifics
Open House contracts are often published at short notice. Quick reaction is essential. Patterno BID offers real-time Open House monitoring alerts.
Considerations
- No negotiation possible – conditions are fixed
- Carefully assess whether the prescribed price/rebate is economically viable
- Volume may be distributed among many participants