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Public Procurement Manual English Version
Public Procurement Manual English Version
3.1 INTRODUCTION
Financing for procurement of medicines, vaccines, contraceptives, food/nutritional
supplements and other pharmaceuticals under health and population projects (“Health
Sector Goods”) is increasing significantly. Assistance under these projects ranges
from the procurement of pharmaceuticals and vaccines for emergencies,
contraceptives for family planning programs to procurement for AIDS, tuberculosis,
leprosy, maternal and child health (MCH) programs, etc. These goods are essential to
the improvement of a population’s health and well - being. A government’s
responsibilities in countries where its role is as the predominant provider of health
care are wide ranging. They include:
3.1.1 the oversight of the range of products to be available in both the public and private
sectors;
3.1.2 the establishment of standards for, and monitoring of, the quality of health sector
goods manufactured in the Federal Democratic Republic of Ethiopia or imported;
3.1.3 the efficient distribution of these products through public health facilities;
3.1.4 ensuring that appropriate diagnosis, prescribing dispensing and use by consumers
takes place; and
3.1.5 procurement of health sector goods selected for various projects whether financed
through government funds, funds or donations.
3.1.6 The following table indicated the categories of health sector goods normally included
in Government-financed health projects:
Pharmaceuticals The most common pharmaceuticals used to treat about ninety percent
(90%) of all the causes of morbidity in developing countries are included on
the WHO Model Essential Drug List, and are often available in generic form.
Other pharmaceutical products with specialized uses may also be included
in national essential drug lists. These include the following: proprietary
pharmaceuticals (newer pharmaceutical products manufactured under
patent and often used at the tertiary level of health care); drugs for tropical
diseases (used infrequently in most exporting countries but extensively in
tropical countries to control major epidemic diseases); pharmaceuticals
used for certain rare diseases that therefore have a very limited market; and
pharmaceuticals, the consumption of which is small and sporadic in a
developing country, primarily because of cost.
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specific diseases. Many of these are named in essential drug lists.
3.1.7 The outcome of a project will be significantly enhanced by timely and cost effective
procurement. This can be achieved through careful packaging and the competent
implementation of procurement procedures (which comply with Government
regulations) combined with attention to a number of areas that influence the
environment for procurement activities in Ethiopia. The team designing and carrying
out the project must be adequately staffed and fully conversant with these procedures
to ensure successful implementation. Figure 1 gives an overview of the procurement
process – procurement follows on from selection, which is the informed
determination of the most suitable items to obtain for the health system – and
precedes the distribution (or allocation, in the case of medical equipment) of the
products to the dispensing and subsequent rational use by the consumer. Underlying
the whole process is the national legislative and regulatory framework.
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Figure 1:
Selection
Distribution
3.1.8 Once the goods are selected, they are procured, distributed and used. World
Government project experience has shown that the objectives of procurement of
health sector goods are successfully met when careful attention is paid to a much
broader of activities. These include:
3.1.8.2 appropriate delivery to and storage within the recipient health system;
3.1.8.3 stringent monitoring and assurance of quality through inspection and product testing;
and
3.1.8.4 transparent, fair, and cost effective management of the purchasing of the goods.
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3.2.2 Pharmaceutical procurement is a complex process which involves many steps,
agencies, ministries and manufacturers. Existing government policies, rules and
regulations for procurement as well as institutional structures are frequently
inadequate and sometimes hinder overall efficiency in responding to the modern
pharmaceutical market.
3.3.1 The operational principles for good pharmaceutical procurement are based on four
strategic objectives. Both the strategic objectives and the operational principles are
relevant to any public sector drug supply system, no matter what combination of
public and private services is used to manage the system.
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3.4 OPERATIONAL PRINCIPLES FOR GOOD PROCUREMENT
3.4.1.1 Senior managers must ensure that pharmaceutical procurement is carried out
effectively, efficiently and in accordance with the Proclamation and Directive. The
health system’s procurement office, under various names, is normally responsible for
actually managing the procurement function. The procurement office should be
responsible for coordinating inputs to achieve the desired result. But in most public
sector contexts the reality is that all functions of the drug procurement process are
entirely in the hands of one office or official.
3.4.1.2 A number of key procurement functions typically require different expertise and
should be separated. Examples include:
• Quantification of drug requirements, which should have inputs from the medical
stores and/or from district or health facility managers in decentralized systems.
However, the procurement office should draw up the final procurement list.
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3.4.2.1 Fairness and the perception of fairness are essential to attract the best suppliers and
achieve the best prices. When the pharmaceutical tender process is less transparent
and even secretive, it tends to be perceived as corrupt or unfair. There may be
accusations of unfair influences. Whether true or not, such charges are damaging and
suppliers, health care providers and the public lose confidence in the system.
Unsuccessful suppliers may feel that they have no chance of winning and
consequently withdraw from future tenders. As the pool of potential suppliers
decreases to a small set, price competition decreases and procurement prices become
much higher than necessary.
3.4.2.2 The tender procedures should be transparent. Formal written procedures should be
developed and be followed throughout the tender, and explicit criteria should be used
to make procurement decisions. Tender adjudication should be done properly and the
award of contracts and issuing of orders should be completed within the shortest
period of time possible. Information on the tender process and results should be
public, to the extent permitted by law.
3.4.3.1 In order to ensure that drugs are available where and when they are needed, drug
procurement must be carefully planned. Planners should consider factors such as
access to suppliers; funding availability and timing; the number of levels in the
logistics system; constraints of time and resources affecting procurement functions
such as drug selection, quantification, tendering and contracting; the lead times at
various levels of the system; import procedures; customs clearance; and access to
transport.
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3.5.2 Procurement and tender documents should list drugs by their International
Nonproprietary Name (INN), or generic name.
The INN is widely accepted as the standard for describing drugs on a procurement list
or tender request. Although this is most obviously applicable when purchasing drugs
which are available from multiple sources, generic description should also be used
when purchasing single source products. When purchasing products which present
potential problems with pharmaceutical equivalence or bio-equivalence the
procurement request should specify the quality standards but not mention specific
brands.
This does not mean that brand-name suppliers should be barred from tender
participation; they may offer the most cost-effective product, and in fact may offer
more competitive prices for certain branded drugs than generic competitors. However,
all drugs supplied to the public health system should be properly labeled in
accordance with standards laid down by law (or in accordance with labeling
instructions), including the INN featured prominently in addition to the brand name
that may be on the label.
3.6.1 Good financial management procedures should be followed to maximize the use of
financial resources.
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3.6.1.2 Efficient financial management systems are especially important if funds are limited
and procurement priorities must be set. Being able to order drugs when needed and to
pay for them on delivery has a very positive effect on reducing both prices and stock-
outs and on increasing supplier confidence in the procurement system. Prompt,
reliable payment can have as great an influence on bringing down drug prices as bulk
discounts.
3.6.1.3 Financial mechanisms such as decentralized drug purchasing accounts may help the
procurement cycle to operate independently of the treasury cycle. Revolving drug
funds can help achieve this separation by establishing their own bank accounts and
their own working capital.
3.6.2.1 Larger procurement volume makes favorable prices and contract terms more likely,
by increasing suppliers’ interest in bidding and by providing them with an incentive
to offer a competitive price. A higher volume for single items may be achieved
through pooling of procurement volume from many facilities or from several districts,
by restriction of the drug list or by elimination of duplication within therapeutic
categories.
3.6.3.1 There are four main methods for purchasing drugs. Three of them are competitive:
restricted tenders, open tenders and competitive negotiations. Fourth method is direct
negotiation with a single supplier. Since inducing supplier competition is a primary
key to obtaining favorable pricing, the public sector should use competitive methods
for all but very small or emergency purchases. This assumes, of course, that there are
multiple suppliers for the items needed.
3.6.3.2 As long as drug quality and service reliability are assured, competition should be
increased to the point at which drug prices are as low as possible. The “rule-of-five”
for pharmaceutical pricing holds that generic prices generally reach their minimum
when there are at least five generic alternatives on the market and that prices in
tendering systems are at their lowest where there are at least five bids per item; adding
more bids generally does not result in further lowering of prices.
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3.6.3.3 In situations where most or all of the products in a therapeutic category are single-
source or branded products, the number of different drugs in a therapeutic category
can be reduced through cost-effectiveness analysis. Competition can be induced by
therapeutic class tendering. For example, among the newer antibiotics there may be
several which are therapeutically similar, at least for specific indications. A
therapeutic class tendering mean that offers are requested on two, three or more
therapeutically similar but generically different products.
3.6.3.4 The selection of the most cost-effective drugs within a therapeutic category should be
done by the national essential drugs committee, not by the procurement office.
3.6.4 Members of the purchasing groups should purchase all contracted items from the
supplier(s) which hold(s) the contract.
3.6.4.1 Except in those systems where each health facility negotiates prices and purchases
drugs individually, public pharmaceutical procurement systems are seen as
purchasing groups. Normally, group purchasing achieves lower prices than would be
available to the same group of health facilities if they purchased individually. These
discounts are based on the fact that facilities which are part of the purchasing group
will purchase contract items only from the selected contract supplier, as long as that
supplier is able to perform. This is called sole-source commitment. If group members
are free to make separate deals for contract items with other suppliers at will, the
suppliers who participate in tenders will have little incentive to offer the best possible
discounts to the purchasing group.
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Most established procurement systems use some form of restricted tender with pre-
qualification, soliciting bids only from suppliers that have been pre-qualified.
Procurement systems using restricted tenders with pre-qualification should make
continuous efforts to seek out potential new suppliers in order to maintain competitive
pressure on established suppliers that had been pre-qualified previously. Drug
regulatory authorities may provide relevant information regarding new suppliers.
3.7.3 The process for evaluating new suppliers can include formal registration, formal
inspection, and reference checks with past clients and international agencies, test
purchases in small quantities and informal local information-gathering.
In addition to using pre or post-qualification procedures, successful public bodies
ensure continued good supplier performance through a formal monitoring system
which tracks lead time, compliance with contract terms, partial shipments, quality of
drugs, remaining shelf-life, compliance with packaging and labeling instructions, etc.
A cumulative file for each supplier should have copies of registration papers,
references, special correspondence, complaints and other anecdotal supplier
information. The information system should track chronologically the number and
value of tender contracts awarded, and the value of total purchases from the supplier
by year and performance for each tender.
3.8.1.2 using existing mechanisms, such as the WHO Certification Scheme on the quality of
Pharmaceutical Products Moving in International Commerce;
3.8.2 When using new suppliers whose products are not familiar in the Federal Democratic
Republic of Ethiopia, the procurement system must be particularly alert to product
quality issues.
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Table 1: Procurement Methods
Use For multi-source Not For multi-source For multi-source For multi-source
International Competitive Bidding (ICB)
Market Limited number of Limited Limited number of Limited number of Limited number of
Situation international number of manufacturers. manufacturers. manufacturers
manufacturers. manufacturers.
Use Small volumes of There are very Limited use. Very few Small contracts. For Limited use.
National Competitive Bidding (NCB)
Use Smaller volume For small- Injectable, some oral For small-volume Smaller volume
procurements. volume contraceptives. procurements. procurements.
Specialized, proprietary procurements.
and special tropical
disease drugs. Drugs
with very limited shelf
life (i.e., 12 months or
less).
Market Limited number of Limited Limited number of Limited number of Limited number of
Situation manufacturers. number of manufacturers. manufacturers. manufacturers.
manufacturers.
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PROCUREMENT NUTRITIONAL MEDICAL
PHARMACEUTICAL VACCINES CONTRACEPTIVES
METHOD SUPPLEMENTS EQUIPMENT
12 months or
less).
Emergency
supply.
Use For emergency supply; For emergency For emergency supply; For emergency For emergency
supply; low/poor supply; supply;
low/poor implementing implementing low/poor implementing
agency procurement agency agency procurement low/poor low/poor
capacity. procurement capacity. implementing implementing
capacity; to take agency agency
UN agency follows advantage of UN agency follows procurement procurement
Bank regulations for Vaccine Bank regulations for capacity. capacity.
procurement. Independence procurement.
UN Agency as Supplier
Use Very limited For emergency Very limited Very limited Very limited
procurement capacity at supply; cases procurement capacity procurement procurement
implementing agency. where at implementing capacity at capacity at
implementing agency. implementing implementing
agency lacks agency. agency.
procurement
Procurement Agent
expertise.
Implementing agency procurement expertise: Ability to monitor/supervise procurement agent; consultant contract
management.
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