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.
What are the key features of an Open House procedure?
- 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)
Where are Open House procedures used?
Primarily used for pharmaceutical rebate agreements (health insurers offering contracts for medications) and standardized services with uniform pricing.
How do I participate in an Open House procedure?
- Check the notice on TED or national portals
- Verify you meet the conditions
- Sign the accession declaration
- Contract begins after document review
What should pharma companies know about Open House contracts?
Open House contracts are often published at short notice. Quick reaction is essential. Patterno BID offers real-time Open House monitoring alerts.
What risks should I consider with the Open House procedure?
- No negotiation possible, conditions are fixed
- Carefully assess whether the prescribed price/rebate is economically viable
- Volume may be distributed among many participants