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Innovative Pharmaceutical Initiative – iF!

Position of the Innovative Pharmaceutical Industry on the Public Procurement Act

If price were to continue accounting for 90% of the selection criteria when choosing a bidder, in the worst-case scenario this could undermine market competition, potentially resulting in drug shortages and violating patients’ constitutional rights to choose the best therapy and medication.

If price were to continue accounting for 90% of the selection criteria when choosing a bidder, in the worst-case scenario this could undermine market competition, potentially resulting in drug shortages and violating patients’ constitutional rights to choose the best therapy and medication.

In accordance with European Union regulations, the Public Procurement Act has been in force since January 1, 2017, and will be fully applied from July 1 of the same year for all goods or services whose price has not already been defined by a specific law or regulation.

The criterion of the most economically advantageous tender becomes the exclusive criterion for selecting a bidder for all goods or services whose price has not already been defined by a specific law or regulation, with the note that price still has a decisive influence on the selection (up to 90% of the tender), while other criteria set by the contracting authority account for at least 10% of the tender.

Although, in principle, this is a very effective solution for the procurement of goods and services by government bodies, a number of problems arise when it comes to the healthcare sector.

Published
11. July 2017.
Source
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02/2026
Interview with Schalk Opperman, GM/MD at Merck Croatia & Slovenia...
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