Physician Provision Requirements

Introduction

As a specialized manufacturer of a computational software-only medical device, Legit.Health is evaluating the AOK Sachsen-Anhalt Tender for Teledermatology Consultation (623185-2025). The tender's contractual structure, which blends the provision of a technology platform with the direct delivery of healthcare services, presents a primary bid-no-bid obstacle for a technology-first company. This report deconstructs the tender's specific requirements regarding the provision of medical practitioners, analyzes the implications for Legit.Health's business model, and proposes a clear, compliant strategy for submitting a competitive and successful bid. The analysis begins by dissecting the tender's non-negotiable contractual obligations for the prime contractor.

Deconstructing the Tender's Dual-Role Mandate

A successful bid strategy hinges on a precise understanding of the tender's definition of the "Contractor" (Auftragnehmer). A close reading reveals a mandate that extends significantly beyond supplying a software platform, requiring the contractor to deliver both the digital technology and the associated medical services. This section dissects the clauses that define these dual responsibilities, highlighting the disconnect with Legit.Health's standard operating model.

Required Contractor Role (per Tender 623185-2025) Legit.Health's Standard Business Model The tender establishes that the prime contractor is responsible for the entire end-to-end service. This includes providing the digital platform and ensuring medical services are delivered by qualified physicians. The contract's subject matter is explicitly defined as the implementation of special care through participating service providers, whom the contractor must make available. The key clause states:

"Gegenstand des Vertrages ist die Umsetzung einer besonderen Versorgung nach § 140a SGB V für Versicherte mit Hauterkrankungen durch den Auftragnehmer, der diese durch teilnehmende Leistungserbringer zur Verfügung stellt."

Translation: "The subject of the contract is the implementation of special care according to § 140a SGB V for insured persons with skin diseases by the contractor, who makes this available through participating service providers." Legit.Health is the manufacturer of a Class IIb "computational software-only medical device." Its purpose is to process images of skin structures to provide quantifiable data and an interpretative distribution of possible ICD categories.

The device is designed to "aid healthcare practitioners and organizations in their clinical decision-making process" and complement their expertise. It is intended for use by healthcare providers; the software does not deliver a diagnosis or replace clinical judgment. Legit.Health's model is focused on providing this software tool to healthcare organizations and does not involve the direct employment or provision of physicians. This focus positions Legit.Health to excel in the 70-point technical evaluation, but leaves a void in the service delivery mandate, which must be filled to qualify for evaluation.

This analysis confirms a critical compliance gap that renders a technology-only bid non-responsive. The AOK tender requires the prime contractor to assume full responsibility for the service chain, from technology backbone to medical personnel. To bridge this gap and submit a compliant offer, a clear and permissible pathway must be utilized: subcontracting.

The Subcontracting Mandate: The Only Compliant Pathway to Bid

While the dual-role mandate is a significant challenge, the procurement documents explicitly provide a compliant mechanism to resolve it. The regulations on subcontracting serve as the only strategic pathway for Legit.Health to assemble a complete, compliant, and competitive bid without fundamentally altering its core business model.

The tender permits the delegation of partial services to third parties. The governing clause in section 2.1.6 ("Allgemeiner Hinweis Nachunternehmer") states:

"Die Einschaltung von Nachunternehmern für einzelne Teilleistungen ist jeweils möglich."

Translation: "The involvement of subcontractors for individual partial services is possible in each case."

This provision is the cornerstone of a viable bid strategy. This explicit subcontracting mechanism suggests the contracting authority (AOK) anticipates that the most advanced technology platforms and the most robust physician networks may not reside within a single organization. It is a deliberate structural feature designed to attract best-in-class technology providers like Legit.Health, provided they can assemble a complete solution. To leverage it correctly, a bidder must adhere to the following procedural framework.

Key Steps for Declaring Subcontractors

1. Declaration: The bidder must formally declare the use of subcontractors at the time the offer is submitted.
2. Scope Definition: The bidder must specify the precise nature and scope of the services to be delegated (i.e., the provision of teledermatological consultations).
3. Proof of Capability: The bidder must prove that the subcontractor's resources will be available by submitting a "Verpflichtungserklärung" (declaration of commitment) from the named subcontractor.

This clause is a critical enabler, allowing a technology leader like Legit.Health to serve as the prime contractor while formally partnering with a German healthcare organization to deliver the medical services component. This makes securing a partner a non-negotiable prerequisite, a fact reinforced by the tender's implicit demand for a substantial physician network.

Validating the "400 Dermatologists" Concern

A key concern motivating this analysis is an alleged requirement for a network of "400 nationwide dermatologists." This section assesses the validity of this claim by examining the tender documents and analyzing the project's underlying resource requirements.

A thorough review of the official tender notice ("2025-OJS183-00623185-de-ts.pdf") confirms unequivocally that the specific number "400" is not mentioned in the provided text.

However, the absence of this figure does not invalidate the underlying strategic concern. The tender's objective necessitates access to a substantial physician network. The stated goal for LOT-0001 is to provide:

"schnelle, orts- und zeitunabhängige fachärztliche Beurteilung"

Translation: "fast, location- and time-independent specialist assessment"

Delivering this level of service to the entire insured population of AOK Sachsen-Anhalt requires access to a significant pool of qualified specialists. The multi-year nature of the contract, with a potential duration of four years (an initial two-year term with two possible 12-month extensions), further underscores the need for a stable, large-scale partner, as opposed to an ad-hoc collection of individual practitioners. The tender specifies the exact professional qualification required:

"vertragsärztlich tätige Fachärzte für Haut- und Geschlechtskrankheiten"

Translation: "contractually practicing specialists for skin and venereal diseases"

In conclusion, while the "400 dermatologists" figure is unconfirmed, the principle is correct. The tender is structured to inherently favor bidders who either possess or can contractually secure a robust, pre-existing network of qualified German dermatologists. This makes partnership a critical prerequisite for a successful bid.

Action Plan: Securing a Compliant Delivery Partner

To meet the tender's service delivery requirements, Legit.Health must execute an actionable strategy to identify, engage, and formalize a partnership with a suitable healthcare organization. This involves defining the ideal partner profile and establishing a clear collaboration model aligned with the tender's prime and subcontractor structure.

Ideal Partner Profile

An ideal subcontractor for this tender would be a German healthcare organization with the following characteristics:

• Established German Footprint: An organization with a recognized presence and operational experience within the German healthcare system.
• Robust Physician Network: Possesses a large, existing network of "vertragsärztlich tätige Fachärzte für Haut- und Geschlechtskrankheiten," ensuring sufficient capacity.
• Contractual Readiness: Has the administrative capacity and willingness to enter a formal subcontracting agreement and provide the legally binding "Verpflichtungserklärung" for bid submission.
• Digital Health Affinity: Preferably has prior experience with digital health platforms or teledermatology, ensuring smoother operational integration.

Proposed Collaboration Model

The partnership must be structured to clearly delineate roles and responsibilities in full compliance with the tender's requirements.

1. Prime Contractor (Auftragnehmer): Legit.Health

• Submits the bid as the lead entity, assuming full contractual responsibility to AOK Sachsen-Anhalt.
• Core contribution is providing and operating the digital teledermatology platform.

2. Subcontractor (Nachunternehmer): Selected German Healthcare Partner

• Formally named in the bid as the subcontractor responsible for the "Teilleistungen" (partial services) related to medical consultation.
• Provides the "declaration of commitment" to guarantee its physician network's availability.

3. Service Delivery:

• The partner's dermatologists will act as the "teilnehmende Leistungserbringer" (participating service providers) as defined by the tender, using the Legit.Health platform to deliver care.

This tiered partnership model represents the most direct path to constructing a competitive bid, leveraging the strengths of both a leading-edge technology provider and an established healthcare delivery organization.

Conclusion and Recommendations

The AOK Sachsen-Anhalt tender mandates a dual role of technology and service provision, a structure that is a fundamental obstacle for a specialized software manufacturer. However, the tender documents provide a clear solution through the explicit allowance for subcontracting. By acting as the prime contractor and partnering with a German healthcare organization that can supply the necessary network of dermatologists, Legit.Health can bridge this compliance gap and submit a powerful, fully compliant offer.

Immediate Next Steps

1. Prioritize Partner Acquisition: Immediately elevate the identification and securing of a healthcare delivery partner to the highest strategic priority for this tender pursuit.
2. Initiate Partner Identification: Commence research immediately to identify and shortlist potential German healthcare organizations that fit the ideal partner profile.
3. Prepare for Outreach: Develop engagement materials to approach potential partners, outlining the proposed collaboration model and the mutual benefits of a joint bid.