Ferrer y Vinces Consulting organize a day to address social and environmental value in public procurement of medicines

The incorporation of social and environmental criteria in the public procurement of medicines already has legal coverage in Spain and the European Union: it is not necessary to wait for a new law to use them. As of October 29, 2026, the main challenge is to specify and apply them in a homogeneous, verifiable manner compatible with competition and clinical needs. It is important to distinguish this current framework from pharmaceutical reforms and guidelines still under development.

Spain: a current framework, not a mere future possibility

The Law 9/2017 on Public Sector Contracts incorporates the social and environmental dimension into procurement. Its preamble states that the design of the award should seek a better quality-price ratio through "qualitative, environmental, social, and innovative aspects linked to the object of the contract." This logic extends to pharmaceutical supplies.

The available tools allow the introduction of:

• Technical specifications: minimum requirements on packaging, packing, transport, or manufacturing impacts related to the supply.
• Award criteria: scoring of environmental or social improvements, alongside price and quality.
• Life cycle costs: assessment of costs associated with the product beyond its acquisition, when they can be objectively calculated.
• Execution conditions: obligations during the contract regarding waste, logistics, traceability, or labor conditions linked to compliance.

However, it is not permissible to generically reward a company's corporate social responsibility without connection to the contracted medicine or supply. Requirements must be proportionate, transparent, and verifiable, allowing equivalent means of accreditation.

This framework is complemented by the Socially Responsible Procurement Plan, approved in 2019 for the state public sector, and by Royal Decree 6/2018, which created interministerial coordination on ecological criteria. The Order SND/682/2021 organizes centralized procurement of medicines and other health supplies but does not by itself constitute a uniform model of sustainable clauses.

European Union: general rules and pharmaceutical evolution

Directive 2014/24/EU provides the European basis for incorporating these factors into specifications, award, and execution, under requirements of contract linkage, proportionality, and equal treatment. It does not establish a unique sustainable pharmaceutical specification nor a universal environmental or social weighting.

The Pharmaceutical Strategy for Europe, from 2020, promotes purchases that consider ecological production, timely delivery, continuity, and diversification of suppliers. It is a strategic orientation: it does not equate to a directly enforceable obligation in all tenders.

The reform on critical medicines adds supply resilience. The European Parliament set its position on January 20, 2026; subsequently, Demócrata reported an agreement between Parliament and Council to introduce resilience criteria. The consulted sources do not confirm its definitive publication nor its application date. Moreover, supply security and environmental sustainability are related dimensions but not interchangeable.

Practical application and pending issues

In Spain, experiences already exist: INGESA formalized in November 2025 a framework agreement for epoetins described as environmentally friendly. The draft pharmaceutical law also contemplates a health procurement guide; this provision should not be confused with an already approved guide.

In conclusion, the legal basis exists; application remains uneven. What remains is to harmonize indicators, weightings, evidence, and monitoring, without turning general corporate commitments into automatic advantages nor compromising patient access.

Ferrer and Vinces Consulting play a role of promotion, organization, and public-private dialogue in public health procurement, especially in the purchase of medicines. Their role should be distinguished from administrative competencies: organizing meetings and formulating proposals does not grant them authority to approve tenders, award contracts, or control public procedures.

What each organizer contributes

Ferrer participates as a pharmaceutical company and promoter of initiatives to transform public health procurement. It brings the industry's perspective on supply conditions and the social and environmental contribution of suppliers. Its intervention seeks to open spaces where administrations, experts, and companies examine how to value these aspects, beyond price.

Vinces Consulting contributes its specialization in public affairs and institutional relations. Its Health area facilitates dialogue between companies, administrations, and other health actors, promotes collaboration spaces, and helps structure health policy proposals. In these initiatives, its role is to articulate dialogue and facilitate that conclusions can become practical recommendations.

Sources describe a joint action of both entities; they do not detail a contractual division of responsibilities between them. Therefore, it would not be necessary to exclusively attribute participant selection, indicator development, or conclusion drafting to one.

Specific functions in the announced event

According to Demócrata's information, Ferrer and Vinces organize the event "Transforming public health procurement through social and environmental value," scheduled for November 17, 2026, from 4:00 to 7:00 p.m., at COMET Retiro, Madrid. Their functions and objectives are:

• Gather diverse perspectives. Bring together political, academic, business, sectoral, and patient contributions to analyze the limitations of procurement focused mainly on price.
• Define applicable proposals. Examine how to turn suppliers' social and environmental commitments into concrete, measurable, and verifiable criteria, instead of general declarations.
• Analyze practical feasibility. Discuss regional experiences and legal, budgetary, and organizational barriers, as well as possible applications in specifications, offer evaluation, and contract monitoring.
• Build a roadmap. Collect conclusions and next steps that consider criteria, indicators, and monitoring mechanisms, addressing both administrative needs and supplier conditions.

These are objectives of a future meeting, not approved measures or already achieved results. The call announces two panels — "A cross-cutting view of the procurement process" and "Practical implementation" — and a final conclusions session; the full program is pending publication.

Background and limits of their intervention

This collaboration has a precedent in the Expert Circle for Transformation in Public Procurement of Catalonia. The initiative promoted the shift from price to value, incorporating health outcomes, sustainability, and care efficiency. Demócrata also reports the meeting held at Foment del Treball and its orientation towards social impact and supply resilience.

Regarding their limits, there is no evidence that these initiatives grant Ferrer or Vinces competencies to approve files, issue official specifications, award contracts, audit procedures, or represent contracting committees. Developing recommendations on procurement criteria does not equate to deciding their incorporation into a tender.

In short, they act as promoters and facilitators of proposals, not as contracting authorities. Their contribution consists of generating knowledge and consensus; formal adoption of criteria and contracting decisions correspond to competent public bodies.

To incorporate social and environmental criteria in pharmaceutical public procurement specifications, it is not enough that they pursue a desirable objective: they must be related to the contract, be proportionate, respect equal treatment, and allow an objective and verifiable evaluation. Additionally, they must be correctly placed in the specification and justified before tendering. This is the general framework; its application requires reviewing the specific supply or service and the current regulations.

1. Choose the appropriate instrument

The first requirement is to distinguish what function each requirement will have, because their legal effects differ:

• Technical specification: sets a minimum characteristic that the service must meet, for example, certain packaging conditions.
• Award criterion: allows comparing offers and scoring improvements beyond the minimum required.
• Special execution condition: obliges the awardee during contract fulfillment, for example, to manage certain waste.
• Solvency: certifies the bidder's capacity to execute the contract. It should not be confused with offer evaluation.

The same environmental purpose can be addressed through different instruments, but duplicating evaluations or imposing contradictory obligations should be avoided.

2. Prove linkage to the contractual object

The criterion must refer to the medicines, products, or services contracted, including relevant aspects of their production, distribution, use, or disposal. It is not enough to assess the company's general policy if it does not translate into a characteristic or commitment applicable to the contract.

In the pharmaceutical field, aspects such as packaging, logistics, preservation, waste, or labor conditions of assigned personnel can be examined. Their admissibility is not automatic: it must be explained what relation they have with the service and how compliance will be verified.

3. Justify necessity, proportionality, and competition

Preparatory documentation must explain the pursued purpose, the adequacy of the measure, and why the imposed burden is proportionate. It is advisable to previously analyze the available offer to avoid requirements that only one operator can meet without sufficient justification.

Hidden territorial preferences should not be introduced, such as favoring a nearby factory due to its location. If the objective is to reduce emissions or ensure deliveries, measurable services related to those purposes must be defined. It is also inappropriate to favor exclusive brands, origins, or certifications without considering rules on equivalences and means of proof.

4. Define an objective and transparent evaluation

The specification must specify the content of the criterion, its weighting, the evaluation method, and the supporting documentation. Expressions like "sustainable company" or "greater social commitment" are insufficient if they do not allow knowing how points will be assigned.

When emissions, recycled materials, or life cycle costs are evaluated, the scope of the calculation, required data, and a comparable methodology must be specified. If labels or certificates are used, equivalences and alternative accreditations legally applicable must be considered.

5. Respect health requirements

Social and environmental objectives cannot displace the safety, quality, and efficacy required of pharmaceutical supply. Measures on transport, packaging, or waste reduction must be compatible with the authorized conditions of the medicine, traceability, and the cold chain when necessary. It must also be distinguished between a medicine subject to specific regulatory requirements and other health products or services.

6. Provide for control and consequences

Commitments must be incorporated into the contract with indicators, evidence, responsible parties, and verification moments. The specification must establish the consequences of non-compliance, including applicable penalties, clearly and proportionately.

Finally, these criteria must be defined before submitting offers. Introducing them afterward or modifying their scope during evaluation compromises transparency and equal treatment.