Australian Government Department of Health Immunise Australia Program Essential Vaccines Procurement Strategy Essential Vaccines Procurement Strategy Online ISBN: 978-1-74241-972-5 Publications approval number: 10871 Copyright Statements: Paper-based publications © Commonwealth of Australia 2014 This work is copyright. You may reproduce the whole or part of this work in unaltered form for your own personal use or, if you are part of an organisation, for internal use within your organisation, but only if you or your organisation do not use the reproduction for any commercial purpose and retain this copyright notice and all disclaimer notices as part of that reproduction. 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Requests and inquiries concerning reproduction and rights are to be sent to the Communication Branch, Department of Health, GPO Box 9848, Canberra ACT 2601, or via email. 2 Table of Contents 1 PURPOSE 5 2 POLICY CONTEXT 5 2.1 Immunise Australia Program 5 2.2 National Immunisation Program (NIP) 6 2.3 Transition to Commonwealth procurement 7 2.4 National Partnership Agreement for Essential Vaccines (NPEV) 7 2.5 National Immunisation Strategy 8 3 PRINCIPLES OF QUALITY VACCINE PROCUREMENT 3.1 Commonwealth Procurement Rules 9 9 3.2 Principles in developing a procurement process 10 3.3 Governance and Advice 11 3.4 Maintaining security of supply and choice of vaccine 12 4 NEW ARRANGEMENTS 13 4.1 Aims and Objectives of the new arrangements 13 4.2 Anticipated improvements, efficiencies and benefits of new arrangements 14 4.3 Roles and Responsibilities 4.3.1 Commonwealth 4.3.2 States/Territories 4.3.3 Industry 14 14 15 16 4.4 Consultation and Communication 4.4.1 Regularity 17 18 5 PROCUREMENT PROCESS 18 5.1 Proposed staging of vaccine procurements 18 5.2 Summary of process and timelines 19 5.3 RFT development 20 5.4 Tender evaluation process 20 5.5 Contractual arrangements/Head Agreement 21 6 IMPLEMENTATION OF NEW ARRANGEMENTS 6.1 Forecasting 22 22 3 6.2 Vaccine ordering, supply and delivery under Head Agreements and Deeds 23 7 REVIEW/EVALUATION 24 APPENDICES 25 APPENDIX A - Procurement Schedule 26 APPENDIX B - National Health (Immunisation Program – Designated Vaccines) Determination 2012 (No.1) 27 APPENDIX C - Pharmaceutical Benefits Advisory Committee (PBAC) Process 28 APPENDIX D - National Immunisation Program (NIP) Schedule 31 APPENDIX E - Performance Indicators for the NPEV 32 4 1 PURPOSE This paper describes the reform to national purchasing arrangements for essential vaccines funded under the National Immunisation Program (NIP). The transition moves from an arrangement where the Commonwealth supplied funds to the states and territories for purchase of vaccines on the NIP under the previous Australian Immunisation Agreements (AIAs) which expired on 30 June 2009, to the new Commonwealth Own Purpose Expense (COPE) arrangements. Under these new arrangements, the Commonwealth will undertake to procure vaccines at the best value for money for the NIP. A series of staggered tenders will be conducted between 2010 and 2015 to procure high quality, safe and efficacious vaccines and to obtain the best value for money for the Commonwealth. This rolling series of tenders will allow the Commonwealth to manage the workload. It is expected that the Commonwealth will conduct, on average, two tenders per financial year which will minimise the burden on industry. This paper provides a framework under which all procurement processes will be conducted and a proposed schedule and timeline for undertaking each vaccine tender (Appendix A). The timetable will need to be flexible to take into account changing circumstances such as policy changes, new vaccines assessed and new technologies given the timeframe for implementation. This schedule will be updated regularly as tenders progress or circumstances change. This paper should be considered in the context of the National Partnership Agreement on Essential Vaccines (NPEV) which is available on the Federal Financial Relations website. 2 POLICY CONTEXT 2.1 Immunise Australia Program The Immunise Australia Program (IAP) aims to increase national immunisation rates by funding free vaccination programs under the NIP, administering the Australian Childhood Immunisation Register (ACIR), administering of the National Human Papillomavirus Vaccination Program Register (HPV register) and communicating information about immunisation to the general public and health professionals. Further information on the Immunise Australia Program is available on the Immunise Australia Program website. The key aims of the IAP are to: 5 • provide free vaccines to Australians in accordance with the NIP Schedule; • use delivery methods to maximise opportunities for immunisation of eligible cohorts; • achieve the lowest possible incidence of vaccine preventable disease by attaining and maintaining the highest possible levels of immunisation coverage across eligible population cohorts; and • achieve improvement in effective immunisation coverage among those groups at the highest risk of vaccine preventable disease. 2.2 National Immunisation Program (NIP) The NIP is a critical public health program that provides population based essential vaccines free to all eligible Australians. The NIP operates under a partnership arrangement between the Commonwealth and state and territory governments under the NPEV. The NIP Schedule outlines the recommended vaccines by age group which are funded under the IAP. The NIP Schedule is described in accordance with the National Health (Immunisation Program – Designation Vaccines) Determination 2012, (No.1), made pursuant to section 9B of the National Health Act 1953, (the Determination), (Appendix B, current at time of publication). The target groups for vaccination supplied under the NIP include the universal program for all infants, young children, adolescents and older Australians, to the provision of vaccines for people who are at greater risk of adverse consequences from acquiring the disease; for example, Indigenous Australians or other people with co-morbidities in the case of influenza. For a vaccine to be deemed an ‘Essential Vaccine’, the vaccine has to be designated under the Determination by the Minister for Health (or delegate). Prior to designation, the vaccine must be assessed for cost effectiveness and recommended for designation by the Pharmaceutical Benefits Advisory Committee (PBAC). Further information on the PBAC process is provided at Appendix C. The current NIP Schedule includes vaccines against sixteen conditions/indications/diseases (Appendix D). Previously under the AIAs, whichever combination of vaccines and suppliers the states and territories wished to use from those listed on the Determination as best suited the needs of their population was purchased by the jurisdiction via its usual procurement process. Under the new arrangements the Commonwealth will directly purchase the NIP vaccines and the states and territories will continue to be responsible for the ordering and distribution of vaccines. 6 2.3 Transition to Commonwealth procurement In 2007-08 the Council of Australian Governments (COAG) agreed to a reform agenda that included a new intergovernmental agreement on Commonwealth-state and territory financial arrangements. The Intergovernmental Agreement on Federal Financial Relations (IAFFR) was established to improve the quality and effectiveness of government services by reducing Commonwealth prescriptions on service delivery by the states and territories, and providing the states and territories with increased flexibility in the way they deliver services to the Australian people. This agreement was accompanied by a major rationalization of the number of payments to the states and territories as Specific Purpose Payments (SPPs). More information on the IAFFR is available on the Council of Australian Government website. As part of this process COAG agreed that the funding for the NIP should change from an SPP to a COPE with commencement in 2009-10. Under a COPE arrangement, the Commonwealth is responsible for procurement of NIP vaccines. These new arrangements mean that the procurement and the payment for the supply of essential vaccines under the NIP will be managed by the Commonwealth while functions associated with implementation of the NIP will remain the responsibility of the states and territories. As part of the rationalisation of SPPs to the states and territories, COAG developed a new integrated approach to improving health outcomes for all Australians and the sustainability of the Australian health system through the National Healthcare Agreement (NHA) which replaces the previous Australian Health Care Agreements. The NHA defined the objectives, outcomes and high level performance measures, and clarified respective roles and responsibilities to guide the Commonwealth and the states and territories in delivery of services across the health sector (Appendix E). The NHA was superseded on 25 July 2012 by the National Health Reform Agreement (NHRA). The NHRA builds on and reaffirms the Medicare principles and high level outputs in the National Healthcare Agreement. 2.4 National Partnership Agreement for Essential Vaccines (NPEV) The NPEV sits under the IAFFR and NHRA and was developed between the Commonwealth and the states and territories to ensure continuity of the delivery of vaccines under the NIP following on from the previous AIAs. It provides a framework to progress the national purchase of vaccines for the NIP. The NPEV was agreed by First Ministers in August 2009. The NPEV provides for: • transitional arrangements for the continued Commonwealth funding of the 7 purchase by the states and territories of essential vaccines until the new contracts are completed; • progressively moving to new arrangements whereby the Commonwealth will directly purchase the essential vaccines for use by the states and territories; • performance indicators to monitor and assess the achievement of objectives and outcomes for immunisation under the NHA or NPEV; • incentive payments to promote effective service delivery by the states and territories and facilitate the states and territories undertaking projects to maintain and enhance the effectiveness of the NIP; and • transition to centralised vaccine procurement by the Commonwealth and the states and territories. State and territory reporting on performance indicators will be assessed by COAG to determine the overall performance by states and territories on the delivery of immunisation programs under the NIP. The NPEV performance indicators can be found at Appendix E. The NPEV may need to be reviewed to reflect changes to program delivery arising from the new procurement arrangements. As specified in the NPEV this would occur no later than 2014. The state and territory Immunisation Co-ordinators have provided, and will continue to provide, advice during the transition process from the existing arrangements. Regular meetings are held and will continue to be held both to keep Jurisdictional Immunisation Co- ordinators informed and to obtain their advice. The new purchasing arrangements will be sufficiently flexible to allow the states and territories to purchase additional supplies of vaccines under the same procurement arrangements to fulfil any state or territory-based vaccination scheme requirements. The NPEV is available on the Federal Financial Relations website. 2.5 National Immunisation Strategy A National Immunisation Strategy is being developed, in collaboration with states and territories, to guide Australia’s approach to the prevention and control of vaccine preventable diseases with the view to reduce the occurrence of vaccine preventable diseases. The National Immunisation Committee (NIC) has overseen the development of the National Immunisation Strategy. The NIC, a subcommittee of Communicable Diseases Network Australia (CDNA), is chaired by the 8 Commonwealth and comprises all states and territories, consumer representatives and expert advisors from a range of peak organisations (including the Australian Medical Association, Australian Medicare Local Alliance, Rural Doctors Association Australia and the National Aboriginal Community Controlled Health Organisations). The National Immunisation Strategy will provide a framework for future immunisation policy and be endorsed by the Australian Standing Council on Health (formerly AHMC). 3 PRINCIPLES OF QUALITY VACCINE PROCUREMENT The principles of quality vaccine procurement have been developed with consideration of the NPEV, IAFFR, Commonwealth Procurement Rules (CPRs) and National Medicines Policy as informing the Procurement Strategy to ensure: • timely access to vaccines that Australians need, at a cost the community can afford; • that vaccines meet appropriate standards of quality, safety and efficacy; • quality use of vaccines; and • maintaining a responsible and viable medicines [vaccine] industry. All procurement processes will be undertaken in accordance with best practice guidelines and in line with government policies and procedures to ensure that fair, open, transparent and accountable processes are conducted to achieve the best value for money for the Commonwealth and states and territories. 3.1 Commonwealth Procurement Rules Procurement processes will be conducted in accordance with the Commonwealth Procurement Rules (CPRs) which can be found on the Department of Finance website. The CPRs are the policy framework under which agencies undertake procurement. The underlying key principles of the CPRs include: • achieving value for money; • encouraging competition; • efficient, effective and ethical use of resources; and 9 • accountability and transparency. Health will utilise internal expertise and where necessary engage specialist legal, probity and financial advisers to ensure that all processes are conducted to the highest possible standards of ethics and probity and the best value for money outcomes are achieved. The Commonwealth and the states and territories will be partners in developing tender documentation and assessing the outcomes of procurement processes. 3.2 Principles in developing a procurement process The following principles have been adapted from the World Health Organization - Immunization supply and procurement (available on the WHO website) and have been used to design the procurement process for vaccines on the NIP. Products Meeting Required Standards All vaccines should meet Australian regulatory requirements. Products are required to be registered for use in Australia by the Therapeutic Goods Administration (TGA) and assessed by Pharmaceutical Benefits Advisory Committee (PBAC) for cost effectiveness. This ensures that vaccines of the desired standard of quality, safety and efficacy are procured for Australian use. Products must also adhere to tender requirements as set out in the statement of requirement documents. • Value for Money Cost is not the only determining factor in assessing value for money. Rather a whole-of- life value for money assessment would include consideration of factors such as: fitness for purpose; the performance history of each prospective supplier as obtained from references; a risk assessment of each proposal; minimising impact of changes to vaccines used by states and territories; the flexibility to adapt to possible change over the lifecycle of an agreement; financial considerations including all relevant direct and indirect benefits and costs over the whole procurement cycle; and the evaluation of contract options (for example, contract extension options). • Reliable Suppliers Reliability of suppliers will be considered in terms of quality, timeliness, delivery, responsiveness to issues and compliance with contracts. Engaging suppliers with demonstrated experience supplying large volumes of vaccine to government funded programs is desirable (taking into account state and territory health department experience). Reliability will be monitored and measured through active management of contracts to identify and mitigate any potential issues and to inform future interactions with suppliers. 10 • Security of Supplies Where supplies meet the tender specifications, contracting with more than one supplier, particularly where vaccines are interchangeable, will maximise the security of supplies, to fulfil the requirement of each state and territory’s NIP schedule and enable different population health needs within different areas where these exist to be addressed as may be required. Suppliers will also be required to hold a minimum supply of vaccine as a buffer. • Delivery of Quality Vaccines on Time Supplier capacity and capability to deliver required vaccine on time and in accordance with vaccine management requirements is a priority. Supply and delivery arrangements which minimise the risk of any stock disruptions is key; this requires accurate forecasting and good communication within the supply chain to ensure that it remains optimally filled. • Reliable Forecast of Demand Reliable short and long term demand forecasting gives the flexibility to Health to conduct the processes to best meet the needs of the NIP demand. It also facilitates appropriate industry planning and budgeting to meet needs and allows for greater flexibility to engage with suppliers with a longer term view. • Flexibility and Responsiveness Contractual arrangements in place need to be sufficiently flexible to allow for changing circumstances such as increasing orders and changes to cohort size or introduction of new vaccine technologies, the addition or removal of vaccine from NIP due to schedule changes and policy decisions around changes to the NIP. • Good Coordination and Communication Coordination and communication between all stakeholders involved in the procurement process is essential. Key stakeholders include: state and territory health departments, the TGA, PBAC, the Australian Technical Advisory Group on Immunisation (ATAGI), and industry through Medicines Australia and directly with individual suppliers. Timely communication with suppliers is considered mandatory. • Regular Performance Evaluation Internal monitoring and periodic evaluations within clear guidelines and performance indicators should be conducted to assess the performance of the procurement process; identify areas for improvement and implement any recommendations identified to improve processes and outcomes. 3.3 Governance and Advice The aim of the procurement framework is to secure the continual supply of high quality, safe and efficacious vaccines at value for money for the NIP. 11 This will be achieved through continued joint Commonwealth/state and territory collaboration on a planned procurement process. Health will maintain a dedicated Immunisation Procurement Section that will undertake the procurement processes and provide secretariat support to each newly established tender evaluation committee. This section sits within the Immunisation Branch and has links with policy and program aspects of the NIP. Consultation with the Communicable Disease Network Australia (CDNA) and the Australian Health Protection Principal Committee (AHPPC) will be undertaken in considering a procurement approach. Health, while utilising internal expertise in relation to legal advice, probity, financial and procurement advice, will engage external experts to provide independent advice to ensure that each procurement process is conducted to the highest standard and that processes are fair, open, transparent and accountable. Health will utilise the expertise of its medical officers, technical/regulatory advisors from the TGA, and ATAGI members and other experts as required for assessment of tenders and input into tender documentation and statements of requirements. Through the Jurisdictional Immunisation Co-ordinators (JIC), Health is able to access advice in relation to ‘on the ground’ use of vaccine and the implementation of immunisation programs. In relation to timing of tenders, Health will consult with Medicines Australia as required to understand the potential burden on industry to meet tender timeframes in relation to industry national and global manufacturing commitments and schedules. 3.4 Maintaining security of supply and choice of vaccine States and territories will be actively engaged and consulted throughout the implementation of the new purchasing process. While states and territories have indicated a preference for the maintenance, where possible, of a choice of vaccine, this approach impacts on flexibility requirements for a demand driven program. The breadth of choice will be linked to the outcome of the procurement processes and alignment with tender negotiations. To support this, and to ensure security of supply, contracting with more than one supplier for each indication, particularly where vaccines are interchangeable, is recommended where possible. This preference, in part, is in recognition of the costs that could be incurred by states and territories through changing a schedule to a vaccine that requires different timing/doses of administration. 12 The requirements for security of vaccine supply need to be balanced with ways to ensure vaccine pharmaceutical companies will provide adequate supplies of high quality vaccines. It may not be economically viable for the companies to supply vaccines unless they achieve reasonable economies of scale in the contracted supply arrangements. To maintain efficiencies, vaccine procurement deeds for supply are likely to stipulate specific market shares. Determination of market share will be based on assessment of potential supply offers and the findings of the tender evaluation committee in accordance with the tender evaluation plan and the CPR’s including assessment of value for money. States and territories will be consulted during the tender evaluation process on how such market shares are to be determined. In the event that a contracted vaccine cannot be provided, negotiation with alternate contracted suppliers may be required to maintain continuity of supply. 4 NEW ARRANGEMENTS 4.1 Aims and Objectives of the new arrangements The aims and objectives of the new arrangements are to: • secure the ongoing supply of quality, safe and efficacious vaccines to the Australian population; • ensure that vaccines purchased meet technical and programmatic specifications and legislative requirements; • ensure that there is no disruption to the supply, coverage and uptake of vaccines provided under the NIP; • ensure that there is more than one supplier, wherever possible, for the supply of essential vaccines; • achieve administrative efficiencies in procurement and contract management; • maintain sustainable competition for vaccines through competitive procurement/tender processes; • ensure a commitment to regular monitoring and evaluation of the NIP; • maintain and enhance cooperation between the Commonwealth, the states and territories and industry; and • achieve no visible change to everyday business for vaccine providers or 13 for the public. 4.2 Anticipated improvements, efficiencies and benefits of new arrangements The key benefits of the new arrangements are expected to be: • continued supply of approved high quality vaccines in a timely manner in accordance with the eligible population cohorts listed in the NIP schedule; • increased capacity to ensure security of supply and ability to respond to escalating vaccine prices through multi- year arrangements for supply; • increased capacity to reduce wastage and leakage through national forecasting and co-ordination of purchasing; • enhancement of nationally based data collection in relation to purchasing and usage data and improved program monitoring; • decreased administration costs relating to centralised procurement and potential ‘Head’ contract management arrangements; • improved and standardised procurement documentation and processes; • efficiencies for industry by each pharmaceutical company only having to negotiate with the Commonwealth (rather than multiple states and territories) around contractual arrangements; and • ability to better monitor individual vaccine costs via direct Commonwealth payment to vaccine providers. 4.3 Roles and Responsibilities The new arrangements will progressively replace the current state and territory based purchasing arrangements, align with the NPEV and will be fully implemented once all vaccines on the NIP are procured under new multipartite contracts. Roles and responsibilities are consistent with the roles and responsibilities agreed in the NPEV. 4.3.1 Commonwealth Under the new arrangements the Commonwealth will be responsible for: • developing and providing national vaccine forecasting to vaccine suppliers; • maintaining all aspects of contractual arrangements with vaccine manufacturers, including performance management and risk monitoring; • purchasing the vaccines for delivery by the states and territories through the NIP; and 14 • analysing national data on vaccines. The Commonwealth, through the Immunisation Branch, Department of Health, will: • develop, manage and evaluate project and tender documentation, including the evaluation framework, and governance requirements; • manage the procurement/tender process; • obtain advice as required in order to support a professional and compliant tender process; • develop and manage contract negotiations with industry after the tender evaluation; • negotiate contractual agreements with industry; • enter into multipartite deeds for supply; • provide, as early as possible, requirement forecasting data to industry to facilitate industry planning; • take into account advice from industry on the timing and schedule of procurement/tenders to minimise the burden on industry during peak manufacturing periods; and • manage all contractual agreements throughout their terms. 4.3.2 States/Territories Under the new arrangement the states and territories will be responsible for: • assisting and advising the Commonwealth on the procurement process; • entering into multipartite deeds for supply; • participating in tender evaluations; • providing forecasts of essential vaccine requirements; • ordering essential vaccines under a Head Agreement or Deed; • placing orders with vaccine sponsors; • ownership of and responsibility for any such essential vaccines acquired; • verifying to the Commonwealth, within an agreed timeframe, that essential vaccines have been delivered; • advising the Commonwealth of orders and invoices; • coordinating the delivery of NIP vaccines to immunisation providers; 15 • managing the efficient and effective delivery of the NIP; • monitoring and minimising vaccine wastage and leakage upon arrival of vaccines in state and territory warehouses; • managing all mutually agreed administrative matters relating to the essential vaccine and its contracts under the NPEV and the multipartite supply deeds; and • notifying the Commonwealth as soon as practicable in relation to: » the rejection of any essential vaccine under a contract or recall by the supplier of any essential vaccine; and » any problems or issues concerning a relevant supplier as stipulated in the NPEV Part 20.f.(ii). 4.3.3 Industry Industry is responsible for: • ensuring that quality, safe and efficacious vaccine is provided in compliance with TGA requirements and in accordance with any deed entered into for vaccine supply; • maintaining the quality of vaccine up to the point of delivery into designated state and territory distribution centres for example, maintaining cold chain; • working in cooperation with the Commonwealth and the states and territories to ensure NIP requirements are delivered; • advising the Commonwealth of supply issues; • advising the Commonwealth when the payment cap has been reached; • compliance with supply deeds; and • provision of intelligence on: » adverse events; » potential delays in delivery or shortages of vaccine; and » new technologies. Effective relationships between industry, the Commonwealth and the states and territories are crucial to the success of this strategy and continuity in supply of vaccine provided under the NIP. 16 4.4 Consultation and Communication Stakeholders affected by the transition to centralised procurement arrangements will be consulted during the planning, implementation and evaluation of this Strategy. To ensure a broad understanding of sector issues and to identify areas for consideration in the changed arrangements, bilateral consultations were undertaken between the Commonwealth and each jurisdiction and various pharmaceutical suppliers. In addition, the Department has met with the peak industry representative body Medicines Australia. As the procurement process proceeds, consultations with states and territories and industry will continue, enabling ongoing improvements to the process. The preferred consultation mechanisms with the states and territories and industry are via JIC and Medicines Australia respectively. The JIC will be actively consulted throughout the procurement process about the: • formation of any assessment panels that are required for the procurement process, including the involvement of JIC representatives; • project timelines and the priorities for the central procurement of particular vaccines; • development of tender documentation, including the statement of requirement; • provision of technical advice as part of the tender evaluation and negotiation phases; • deeds of agreement for each tenderer; and • management of any risks to achieving procurement outcomes. The JIC will receive regular updates through JIC meetings and timely advice of pertinent matters which arise during each procurement process. External key stakeholders to be consulted include (but are not limited to): • National Immunisation Committee; • Australian Technical Advisory Group on Immunisation; • Medicines Australia; • Communicable Diseases Network Australia; and • Australian Health Protection Principal Committee. 17 4.4.1 Regularity Key stakeholders will be regularly updated, by Health, at least quarterly, and also informed when there is a change made to the schedule of procurements/tenders. Stakeholders can seek information or make enquiries by email via the Immunisation RFT inbox. 5 PROCUREMENT PROCESS The proposed strategy is to roll out a competitive tendering process (where possible) in accordance with CPRs, to secure the supply of all essential vaccines for administration by the states and territories under the NIP. As the states and territories have existing contracts for the supply of all vaccines the possibility of the Commonwealth novating the existing contracts was considered but not accepted because this would not secure competitive pricing for the supply of vaccines. Additionally, it was considered potentially problematic to have to renegotiate the terms and conditions of state and territory agreements to meet the Commonwealth’s requirements. The Requests for Tender (RFTs) may be either an open tender or prequalified tender. Limited tender sourcing may be used where there is only one known supplier. Only companies that produce vaccines which are registered for use in Australia and eligible to be designated vaccines on the NIP will be eligible to tender. Where possible, a six month lead in time for the commencement of each new procurement following each tender process will be in place to allow for the completion of any existing state and territory contracts and to allow for the preparation of the new arrangements. 5.1 Proposed staging of vaccine procurements It is proposed that tenders for the 16 NIP indications for vaccine preventable diseases will be conducted between 2010 and 2015. A rolling schedule of tenders over this period is considered to be the most sustainable method to have arrangements in place for vaccine supply within this time frame. While it is anticipated that each tender process will take up to nine months to complete, up to twelve months has been allowed for most procurement processes to allow more scope to manage any unforeseen delays. Following the finalisation of contracts with successful suppliers there will ideally be a minimum six months transition period to the new arrangements with specific details to be negotiated. The Commonwealth will commence payment under the NIP for the vaccines and the states and territories will cease procurement and payment by the end of that six month period. 18 Staggered procurement will allow for a smooth transition when moving from state and territory contracts to Commonwealth contracts. A staggered approach should also enable the program to take account of peak industry manufacturing periods. In addition, a staggered procurement would allow for refinement of the procurement process with each subsequent tender. The order and combination of vaccine tenders has been determined based on relative priorities, the realistic achievable workload in Health, the addition of new vaccines on the NIP, and in consultation with the states and territories and industry, noting NIP is subject to change, for example, through the introduction of vaccine variants or replacement vaccines or a cohort change. Priority will be given to procurement of new vaccines to the NIP where states and territories are unable to use existing contracts to secure supply. As a result of the national procurement being undertaken by the Commonwealth, a vaccine may be listed on the Determination, but where there are a range of potential vaccines for a specific schedule point, there is no guarantee that a listed vaccine will be successful in an RFT process. 5.2 Summary of process and timelines The anticipated timing for the procurement of each vaccine or set of vaccines will be communicated to stakeholders through regular updates and also updated on Health’s Annual Procurement Plan that can be found on the AusTender website. Stakeholders can now search the AusTender site by United Nations Standard Products and Services Code (UNSPSC), Agency or Keyword and then create a ‘watch list’. If there is any activity, for example, if the tender or timing is amended or opens to the market on a ‘watched’ planned procurement, the stakeholder will be notified. A period of up to twelve months has been allocated for each tender process. This includes the: • development of a procurement plan, engagement of state and territory representatives and establishment of the Tender Evaluation Committee (TEC); • development of the RFT documents, including the statement of requirement and tender evaluation plan, consultation with states and territories and approval by Health’s delegate; • application phase – companies should be given at least 25 business days 19 to respond; • tender evaluation; and • contract negotiation and signing of a final agreement During the procurement process, if there is more than one supplier of a vaccine the tender evaluation committee may recommend to the delegate entering into market share arrangements across all jurisdictions. A schedule of indicative release dates for the proposed procurements is provided at Appendix A. This schedule will need to be flexible to account for changing priorities, fluctuations in industry production schedules and Health’s workload. Although each vaccine will have individual statements of requirement, grouping some vaccines together under the one procurement process will be more efficient. This staggered approach has been broadly supported by the states and territories and industry. 5.3 RFT development RFT documentation, including the procurement plan, RFT and statements of requirements, will be developed in consultation and agreement with the states and territories, and, where required, technical expertise sought from the TGA and from the ATAGI. Essential tender requirements will include, but are not limited to: • products must be registered for use in Australia on the Australian Register of Therapeutic Goods; • products must have received a positive recommendation by PBAC for inclusion on NIP prior to the tender closing date; and • products must be listed on the Determination for designated vaccines prior to the deeds being executed. 5.4 Tender evaluation process A TEC will be established for each tender process. The TEC will comprise members with a range of relevant skills and knowledge in public health programs and vaccine preventable diseases. The Commonwealth will chair each TEC and there will be at least two state and territory representatives on each TEC to provide program implementation experience to the TEC. State and territory representatives will be nominated by the JIC, and will depend on a number of factors including, vaccine to be tendered for, population and diversity of the state and territory, and immunisation programs of the state and territory. States and territories can choose to nominate alternate experts. The TEC will consult with medical officers, technical/regulatory advisers from the TGA, and ATAGI members and other experts as required in its assessment of each tender. 20 There will be a Tender Evaluation Plan (TEP) for each process, developed with the agreement of the TEC and approved by the Health delegate before the tender closing date. State and territory representatives on the TEC will be actively involved in the development of the TEP. This plan will clearly set out how each tender will be assessed for its ability to meet the tender statement of requirement and compliance with the proposed Deed/Head Agreement (discussed in more detail below) or new schedule to the Head Agreement. Each tender will be assessed against the statement of requirement. The statement of requirement will align with the recommendations of the PBAC, where relevant, and any Government decision on funding. Evaluation criteria will be defined for each tender process and will include consideration of: safety, efficacy and quality of supplies, security of supply, timeliness for provision and production capacity, compliance with the statement of requirement, price and risk. All aspects of the evaluation of the tender will be in accordance with CPRs. States and territories will have the opportunity to provide input into tender specifications and criteria. The approximate number of doses required nationally for a vaccine will be outlined in the RFT. However, when applying for the tender, the potential supplier will have no guarantee of volume or market share of vaccine/s and/or doses they will be contracted to supply until the end of the tender selection process and the finalisation of the Deed of Agreement. A final evaluation report making recommendations in relation to a preferred tenderer(s) will be provided to the Health delegate for approval. Health and its legal advisers, in consultation with the states and territories, will then conduct negotiations leading to the signing of a new Deed/Head Agreement or schedule to an existing Head Agreement. 5.5 Contractual arrangements/Head Agreement Following a procurement process the Commonwealth and states and territories will establish a Head Agreement with the successful tenderer/s. The Head Agreement will set out the terms and conditions of the Commonwealth/state and territory acquisition arrangements with the supplier. Thus, this arrangement will be a standing offer by the supplier for the term of the Head Agreement. Each vaccine for which the supplier successfully wins a tender will be listed (along with its relevant specifications) in a schedule to the Head Agreement. New schedules for vaccine products may be added throughout the term of the 21 Head Agreement when an existing supplier is successful in a procurement process, with each product having its own effective date and term. This approach provides certainty for the supplier and the Commonwealth in that once the terms and conditions of the Head Agreement have been negotiated the only significant amendments will be via the addition of schedules for the supply of additional vaccines. The initial term of the Head Agreement will be five years with the option to renew the Agreement for two extensions of three years. The Head Agreement will be between the Commonwealth, states and territories and the supplier. Under this arrangement the Commonwealth is the payment agent for the states and territories. In addition to the purchase of essential vaccines under the NIP, each state and territory will be able to place purchase orders under the Head Agreement in its own right for state and territory funded vaccines. This arrangement is similar to the current deeds for seasonal influenza vaccine supply. Where states and territories agree the Commonwealth will sign the Head Agreements with the suppliers on the state or territory’s behalf. The Head Agreement will be flexible enough to take into account the development of an improved vaccine or method of delivery or the addition of new cohorts. It will include new technologies and variation and termination clauses for the contract or schedule. Additional schedules will be added to the Head Agreement with a Supplier as additional vaccines are procured with that Supplier. 6 IMPLEMENTATION OF NEW ARRANGEMENTS 6.1 Forecasting Strategic and operational forecasting will be used to inform future vaccine supply. Australian Bureau of Statistics (ABS) population cohort data will be the main source of forecasting vaccine/dose volumes. This will be supplemented by historical ABS population data. These two data sources will be used to project the expected demand. To predict the operational forecast, states and territories will provide data on actual uptake of vaccines and estimate volumes, forecasting through quarterly and annual reports as per the requirements of the NPEV. There will be flexibility within the deeds to order additional supplies if required, for example, if population growth within the Head Agreement term indicates that additional supplies are warranted. 22 6.2 Vaccine ordering, supply and delivery under Head Agreements and Deeds States and territories will provide the Commonwealth with annual vaccine forecasts and expected delivery schedules on the numbers of each vaccine they anticipate ordering. These forecasts are non- binding and can be varied, based on changes in demand, by notifying the Commonwealth. Based on these forecasts the Commonwealth will authorise the nominated supplier to accept orders from the states and territories for vaccines up to the agreed volume of vaccines. There will be capacity to vary the volume ordered if demand is higher than anticipated and this is substantiated by the states and territories. States and territories will be responsible for ordering vaccines for the NIP from the supplier and will need to ensure that ordering processes are in line with relevant state and territory government accountability provisions. Copies of all orders to suppliers will be provided to the Commonwealth so that the Commonwealth can ensure that it has sufficient evidence and funding to pay the supplier and to provide the opportunity to monitor orders against the nonbinding forecast. The Commonwealth will not pay for orders in excess of agreed estimated volumes (payment caps). The Commonwealth acknowledges that there may be fluctuations in the volume of supply required; therefore, any volumes over and above the payment cap must be agreed prior to ordering vaccines. The supplier will be responsible for the delivery of the vaccine to the specified delivery site within each state and territory. Ownership of the vaccine will pass to the states and territories upon receipt of the vaccine. States and territories will need to have appropriate insurance and systems in place to store and distribute vaccine, following acceptance. The states and territories will notify the Commonwealth of the quantity and quality of goods received and verify that goods have been included on the state and territory asset register. On this basis the Commonwealth will make payments based on invoices issued by the vaccine supplier. The states and territories will report any issues relating to vaccine supply including quality, quantity and timeliness of supply to the Commonwealth, which will be responsible for undertaking any negotiations relating to contractual non- compliance with the vaccine supplier. States and territories can also purchase additional vaccines for their own purposes under the deeds. This will be through a separate ordering, billing 23 and payment process direct with the states and territories. The Commonwealth will not pay for State Scheme supplies. Through the NPEV the Commonwealth and the states and territories are committed to maintaining and, where possible, improving immunisation coverage rates through immunisation initiatives to reduce the incidence of vaccine preventable diseases in the Australian population. To achieve this, the Commonwealth and the states and territories will collaborate to guarantee the supply of essential vaccines as the new arrangements for the procurement of vaccines are progressively introduced. 7 REVIEW/EVALUATION A formal evaluation of the new arrangements and their impact on the Commonwealth, states and territories and the suppliers will be undertaken when all contracts have been transitioned to the new arrangements. This will likely coincide with the review of the NPEV which is scheduled no later than 2014. The evaluation may consider, but will not be limited to: • the overall efficiencies gained for vaccine purchasing; • efficiencies in administrative arrangements; • ongoing service delivery and impact of the new arrangements on the NIP; • the procurement process and the identification of improvements for future procurement; and • a comparison of the relationship between the states and territories and the suppliers in the existing and new arrangements. A framework for the evaluation criteria will be developed in consultation with the JIC and industry. While a formal evaluation process will occur, it is important that all stakeholders are engaged in regular communication as these new arrangements are established. The appropriate forums for such discussions are the JIC, the NIC and meetings with Medicines Australia and its vaccine industry group. Regular monitoring will assess the success of this strategy against the following measures: • security of supply of approved high quality vaccines for the Australian public; • adequate national forecasting of vaccines commensurable with demand 24 for vaccines; • effective cooperation between the Commonwealth and all jurisdictions; • industry engagement in the process; • development of an effective and efficient program of procurement as evidenced by: • » achievement of value for money; » completion of contract tender negotiations within the required timeframe; and » seamless transition from state and territory to Commonwealth procurement for suppliers and the public; and completion of the NIP procurement process by 2015. APPENDICES Appendix A Appendix B Appendix C Appendix D Appendix E - Procurement Schedule National Health Determination 2012 (No. 1) Pharmaceutical Benefits Advisory Committee process Vaccines on the NIP (NIP Schedule) Performance Indicators for the NPEV 25 APPENDIX A Procurement Schedule Expected release of tenders It is proposed that the staggered approach to procurement/tender be implemented as follows: Vaccine Expected Release of RFT Influenza Completed 2011 Human Papillomavirus Completed 2013 Haemophilus influenzae type B / meningococcal C for the 12 month old cohort Completed 2013 Measles, mumps, rubella and varicella Completed 2013 Pneumococcal In progress Human Papillomavirus 3rd Quarter 2014-15 Hepatitis A 3rd Quarter 2014-15 Rotavirus 4th Quarter 2014-15 Influenza 2nd Quarter 2015-16 Diphtheria, tetanus and acellular pertussis, Hepatitis A, Hepatitis B, Polio and Haemophilus influenzae type b 4th Quarter 2015-16 Correct as at July 2014 Prospective tenderers are encouraged to check the Department of Health’s latest Annual Procurement Plan on the AusTender website for any updates to the proposed procurement schedule since the time of publication. 26 APPENDIX B National Health (Immunisation Program – Designated Vaccines) Determination 2012 (No.1) National Health (Immunisation Program – Designated Vaccines) Determination 2012 (No. 1) 27 APPENDIX C Pharmaceutical Benefits Advisory Committee (PBAC) Process Overview of process for the listing of a vaccine on the NIP There is a legislative requirement for all vaccines provided under the NIP or the Pharmaceutical Benefits Scheme (PBS) to undergo a thorough and objective assessment process. The initial step is the requirement under the Therapeutic Goods Act 1989 that medical products to be imported into or supplied in Australia be included in the Australian Register of Therapeutic Goods (ARTG). In order for a product to be included in the ARTG, a sponsoring company is required to make an application accompanied by data to support the quality, safety and efficacy of the product for its intended use. Australia has a number of agreements with other countries relating to mutual recognition of therapeutic agents including the recognition of Good Manufacturing Practice compliance. If vaccines have already received approval from the European Medicines Agency and the U.S. Food and Drug Administration the TGA requirements for the approval process in Australia are shortened. Once a vaccine is registered by the TGA, the vaccine sponsor can make an application to the PBAC to list the vaccine on either the PBS and/ or the NIP schedule. The vaccine sponsor can seek pre-submission technical advice from the ATAGI on matters relating to the strength of evidence of safety and effectiveness of vaccines and use in Australian populations, taking into account the epidemiology of the disease. A flow diagram of this process is outlined below. The PBAC’s Economic Sub-Committee reviews and interprets economic analyses, advises the PBAC on these analyses and on the technical aspects of requiring and using economic evaluations. The PBAC considers the clinical and economic data in the application to determine whether the use of the vaccine will provide value for taxpayers’ money. Once a vaccine has been recommended by PBAC, a number of processes need to be completed before the medicine can be listed on the NIP. These include: • consideration by the Pharmaceutical Benefits Pricing Authority (PBPA); 28 • pricing negotiations between the manufacturer and the Department of Health; • finalisation of the details for listing the vaccine on the NIP; • quality and availability checks; and • consideration by Government for funding. The role for the PBPA in vaccine assessment is to ensure there is a reliable supply of vaccine at the most reasonable cost to Australian taxpayers and consumers. The PBPA recommends prices for new items which then becomes the Nationally Negotiated Price (NNP) of the vaccine. Companies can also apply to the PBPA for a review of the NNP. All PBAC recommendations are considered by Government. Following agreement to funding by Government, the Department of Health progresses implementation of the new vaccine on the NIP. Activities may include: • addition of vaccine to the Australian Childhood Immunisation Register (ACIR); • implementation planning with states and territories; • procurement of vaccine; • communication activities; and • legislative changes to the National Health (Immunisation Program – Designated Vaccines) Determination 2012 (No.1) made pursuant to section 9B of the National Health Act 1953 (the Determination) The timeframe for implementing a vaccine on the NIP following Government allocation of funding will depend on progressing all these activities. Health will meet with industry to discuss supply and potential timeframes soon after a Government decision is announced. As a result of the national procurement being undertaken by the Commonwealth, a vaccine may be listed on the Determination, but where there are a range of potential vaccines for a specific schedule point, there is no guarantee that a listed vaccine will be successful in an RFT process. A vaccine safety plan will be developed for each new vaccine added to the NIP. Technical input and advice will be sought from the Advisory Committee on the Safety of Vaccines (ACSOV). 29 It is anticipated that, during the life of the procurement strategy new vaccines may be added to the NIP and others possibly removed. 30 APPENDIX D National Immunisation Program (NIP) Schedule The current National Immunisation Program (NIP) Schedule from 1 July 2013, outlines the recommended vaccines by age group, which is funded by the Immunise Australia Program. States and territories may choose whatever combination of vaccines from those listed on the Determination as best suits the needs of geographic and demographic conditions. More information can be found at the Immunise Australia Program website. 31 APPENDIX E Performance Indicators for the NPEV The reward payment will be paid if a State has met two of the following performance benchmarks: Performance Benchmark Measurement and Reporting 1. Maintaining or increasing vaccination coverage for Indigenous Australians; The proportion of Indigenous Australian children reported as fully immunised as defined in the Australian Childhood Immunisation Register (ACIR) at 12 ≤ 15 months, 24 ≤ 27 months and 60 ≤ 63 months of age. 2. Maintaining or increasing coverage in agreed areas of low vaccination coverage; Immunisation coverage rates in agreed areas where there is more than 5 % below national annual average for 12 ≤ 15 months and 60 ≤ 63 months of age. 3. Maintaining or decreasing wastage and leakage; and Number of National Immunisation Program (NIP) vaccines lost to wastage and leakage divided by the total number of NIP vaccines distributed. 4. Maintaining or increasing Proportion of Australian children vaccination coverage for four year reported as fully immunised as olds. defined in the ACIR at 60 ≤ 63 months of age. Immunise Australia Program Website All information in this publication is correct as at July 2014. 10871 July 2014 32