Master Alliance Provisions Guide (MAPGuideⓇ)
This issue in the MAPGuide refers to provisions that address supply volume and timeline commitments, as well as remedies available if those commitments are not met. General provisions around submission of orders, delivery and receipt of goods are not included in the MAPGuide.
Note: provisions related to supply price can be found under Equitable Access: Affordable Pricing and Business Model: Payment Structures. Provisions related to equitable access commitments to supply specific markets can be found under Territory Access Commitments.
Questions to consider when developing a product supply provision
- What are the specific commitments made by the parties to supply and purchase the products?
- What actions must be taken by the supplier to ensure that it can fulfil the committed supply volume?
- What are the remedies for actual or potential supply failures?
Example approaches found in the MAPGuide
- Vaccine doses will be allocated between participating European Union member states according to a population distribution key. The supplier will plan deliveries in accordance with the allocation key and the parties agree a minimum delivery volume for efficient supply chain management.
- The purchaser has a right of consultation related to decisions which may have a negative impact on supply.
- There is an agreed list of facilities to be used for the manufacture of the product which the supplier represents will be sufficient for the manufacture and delivery of the volume of the product ordered.
- The supplier will use ‘best reasonable efforts’ to ensure that it has sufficient supply of materials to manufacture the product in accordance with the delivery schedule.
- The supplier will deliver against either an ‘interim’ or an ‘adjusted’ delivery schedule depending on the date that regulatory approval is received. However, the supplier may decide on adjustments to the number of doses to be delivered if they have insufficient supply to deliver the full number of contracted doses. In addition they have no obligation to deliver if they are unable to manufacture or deliver, they have no liability for failure to deliver, and there are no late delivery penalties.
- The supplier will reimburse the purchaser for any out-of-pocket expenses which reasonably incurred as a result of delayed delivery.
- The supplier may not supply any quantities of the product to any third party in, or for use in or import to the territory until the full quantity of the product under the agreement is delivered to the (government) purchaser.