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Negotiation

Negotiation in Public Health Procurement: A Case Study Example


Fundamental
EN
30-60 mins
Article

Context

This case study is based on practical guidance shared during Health Procurement Africa’s (HPA) Ask the Expert webinar on negotiation in procurement. The session was delivered by HPA procurement experts drawing on experience from Nigeria and Kenya, illustrating how public-sector health procurement teams can apply negotiation principles across a range of scenarios.

Watch the full Ask the Expert webinar recording here.

Introduction

Negotiation is a fundamental skill in public health procurement, yet it is often underutilised. In practice it applies to situations where competitive tendering does not produce an acceptable outcome, large capital projects, emergency procurement, and contract performance management. Effective negotiation requires structured preparation, clear objectives, and the ability to apply a range of persuasion and trading techniques.

Negotiation Framework

Negotiation occurs when two parties hold divergent positions and seek agreement. There are two broad approaches: distributive (competitive), where each party attempts to maximise their own gain; and integrative (collaborative), where both parties work to expand the total value available before dividing it. Even collaborative negotiations retain a competitive element, since buyer and supplier have different commercial objectives.

Negotiation is structured around four meeting stages — opening, testing, moving, and closing — with pre-negotiation planning and post-negotiation review on either side. Planning is consistently the most critical stage. Objectives should be defined using the MIL framework for each variable under negotiation.

MIL Level

Description

Must

The walk-away position. If unachievable, the buyer pursues the BATNA (Best Alternative to a Negotiated Agreement) — typically an alternative supplier.

Intend

A realistic target based on market conditions and the balance of power between parties — where the negotiation is likely to conclude.

Like

The ideal outcome. Establishes the opening position and creates room to move, even if unlikely to be achieved in full.

 

Negotiation variables extend beyond price to include lead times, payment terms, implementation timelines, training, support and maintenance, technical scope, and delivery location. Persuasion techniques range from emotion and logic — used early and in combination — to bargaining (trading variables of differing value to each party).

Case Application: Hospital Management System Procurement, Kenya

Kenya’s public procurement is governed by the Public Procurement and Asset Disposal Act 2015 (amended 2022). Sections 131–133 mandate competitive negotiation when tendered prices exceed the available budget. Nakuru County sought to procure a Hospital Management Information System; all bids received exceeded the allocated budget, requiring structured negotiation with the preferred bidder.

Variable

Vendor Position

Final Agreement

Price

KES 18 million

KES 15.5 million

Implementation timeline

6 months

4.5 months

Training

20 staff

60 staff

Support and maintenance

1 year

3 years

 

Pre-negotiation benchmarking was central to the outcome. Establishing that the vendor’s quote exceeded the market rate gave the team an objective basis for their position and identified the BATNA — the second-ranked bidder — before the meeting began. Bundling variables strategically, and focusing on total cost of ownership rather than price alone, enabled the county to secure a package that met both budget and technical requirements.

Case Application: Emergency AEFI Kit Procurement, Nigeria

A poliovirus outbreak across 13 Local Government Areas triggered an emergency vaccination response requiring Adverse Event Following Immunisation (AEFI) kits — used to manage reactions from mild fever to severe anaphylactic shock — for both immunisation teams and referral centres. The requirement was approximately 7,000 kits ($24,000) with a 72-hour turnaround. Standard procurement procedures required 10–21 days.

Negotiation Approach

The emergency conditions removed standard negotiation levers. The team operated on two tracks simultaneously: internal negotiation to identify which compliance steps were non-negotiable (anti-money laundering and terrorism screening, supplier due diligence) and which could be accelerated; and external negotiation with a state-identified vendor to confirm stock availability, 24-hour supply capacity, willingness to deliver to a central location for redistribution across the 13 LGAs, and agreement that payment would follow verified delivery.

Price was not the primary variable. Lead time, availability, and delivery location determined the outcome. Separate teams handled due diligence, compliance checks, and delivery verification — minimising the risk of error or compromise within the compressed timeframe. The vendor delivered to the agreed central location within 24 hours; kit quantity, composition, and expiration dates were verified before redistribution.

The exercise highlighted a gap in vendor pre-qualification for locally sourced pharmaceutical supplies. The organisation subsequently prioritised pre-qualifying wholesale pharmaceutical vendors across major regional towns, so that future emergency procurements could negotiate on price, lead time, and quality from a position of greater preparedness.

Lessons Learned

  • Planning and preparation determines the quality of the outcome. Benchmarking, MIL objectives, and BATNA identification before the meeting are essential.
  • Negotiation variables extend well beyond price. Lead time, payment terms, technical scope, and compliance obligations should all be identified and prioritised during planning.
  • Internal negotiation with stakeholders and compliance functions is as important as external negotiation with suppliers, particularly under time pressure.
  • Emergency conditions shift bargaining power to the supplier. Pre-qualifying vendors in advance is the most effective way to preserve leverage and avoid single-source dependency.
  • Small agencies with limited purchasing power can increase leverage by forming consortia with organisations of similar size and requirements.

Conclusion

This case study demonstrates that negotiation applies across a wide range of public health procurement contexts. The experience of Kenya and Nigeria illustrates that structured preparation, clear objectives, and disciplined application of persuasion and trading techniques can secure better outcomes for both the procuring entity and the supplier. Building negotiation capability within procurement teams — and maintaining the supplier and market intelligence to support it — is central to delivering value for money in public health supply chains.