White Guide and Orange Guide Formatting Project - Pfizer

Orange Guide – Chapter 5: Interactions with Health Systems and Medical Groups
both, may retain ultimate control of the goals, activities and messaging, always subject to Pfizer’s right
to review (via Review Committee, where applicable) any enduring materials for accuracy and
compliance with relevant laws and regulations, and Pfizer policies and procedures.
In any collaboration, always involve your team attorney early in the concept stage, and throughout the
process until its conclusion.
Appropriate Value
In working with a Health System on a collaboration or other unique transaction, you must ensure that
Pfizer will receive in the transaction items or services that are valuable to Pfizer. The value of the items
Pfizer receives should be obvious, tangible, measurable and should commensurate with the value
provided by Pfizer under the collaboration. This mutuality in the relationship demonstrated by Pfizer
and the Health System providing commensurate contributions is critical and where this does not exist,
there can be an elevated risk that the collaboration could be viewed as Pfizer providing a payment or
value to improperly influence a customer. In addition, all collaborations should be fully documented via
a collaboration agreement. In any collaboration or other unique offering to a customer, be sure you
have fully engaged the appropriate Pfizer Legal support early in the process to minimize potential risks.
All collaboration agreements must be approved by Legal.
In determining the value to Pfizer, generally there are certain things we can “offer” or “ask” for as part
of the negotiation. You should work closely with your team attorney to help ensure the
appropriateness of your “offers” and “asks”. It should be noted that it is generally not appropriate to
discuss the formulary status of a Pfizer product or ask for increased product utilization as part of a
collaboration. Improving Pfizer’s relationship with the customer, or increasing access to key decision
makers at a Health System, would also not be appropriate “value” to Pfizer.
In assessing Pfizer’s investment in a collaboration versus the customer’s investment, be cognizant of
intangibles provided to the customer that may be considered valuable. For example, depending upon
the details of the collaboration and the assistance provided by Pfizer colleagues, assistance could be
perceived as value in the form of consulting services for which the customer normally would pay. If not
appropriately accounted for in the collaboration, such services may elevate anti-kickback and other
risks.
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