Type of Deliverable

EX-10.7B 20 d623715dex107b.htm EX-10.7B EX-10.7B

Exhibit 10.7B

 

 

Normal; AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE PAGE OF PAGES 1 14 2. AMENDMENT/MODIFICATION NO. 0001 3. EFFECTIVE DATE See Block 16C 4. REQUISITION/PURCHASE REQ. NO. N/A. 5. PROJECT NO. (If applicable) 6. ISSUED BY CODE ASPR-BARDA 7. ADMINISTERED BY (If other than Item 6) CODE ASPR-BARDA ASPR-BARDA 200 Independence Ave., S.W. Room 640-G Washington DC 20201 ASPR-BARDA 200 Independence Ave., S.W. Room 638-G Washington DC 20201 8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (X) 9A. AMENDMENT OF SOLICITATION NO. ACHAOGEN, INC. 1361331 ACHAOGEN, INC. 7000 SHORELINE 7000 SHORELINE CT STE 371 SOUTH SAN FRANCISCO CA 940801957 9B. DATED (SEE ITEM 11) X 10A. MODIFICATION OF CONTRACT/ORDER NO. HHSO100201000046C CODE 1361331 FACILITY CODE 10B. DATED (SEE ITEM 13) 09/01/2010 11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended is not extended Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing Items 8 end 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified. 12. ACCOUNTING AND APPROPRIATION DATA (If required) N/A. 13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14. CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A. B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date. etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b). C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: X D. OTHER (Specify type of modification and authority Bilateral: Mutual Agreement of the Parties. E. IMPORTANT: Contractor is not is required to sign this document and return 1 copies to the Issuing office. 14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings. Including solicitation/contract subject matter where feasible.) Tax ID Number: 68-0533693 DUNS Number: 167293153 A. The purpose of this no cost modification is to change the Contracting Officer’s Technical Representative (COTR) / Project Officer (PO), add an Alternate Contracting Officer’s Technical Representative (COTR) / Project Officer (PO) and to incorporate changes into Section F Deliverables. (See Attached). B. This is a no cost modification. The total amount and all other terms and conditions of the contract remain unchanged. Period of Performance: 09/19/2010 to 09/18/2012 Except as provided herein, all terms and conditions of the document referenced In Item 9A or 10A, as heretofore changed, remains unchanged and In full force and effect. 15A. NAME AND TITLE OF SIGNER (Type or print) John F. Hollway, VP, Business Development 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print) ETHAN J. MUELLER 15B. CONTRACTOR/OFFICER (Signature of person authorized to sign) 15C. DATE SIGNED 2/23/2011 16B. UNITED STATES OF AMERICA (Signature of Contracting Officer) 16C. DATE SIGNED NSN 7540-01-152-8070 Previous edition unusable STANDARD FORM 30 (REV. 10-83) Prescribed by GSA FAR (48 CFR) 53.243


1. All references in the contract to the Contracting Officer’s Technical Representative (COTR) and Project Officer (PO) are hereby changed:

From:

Joseph Larsen, Ph.D., Contracting Officer’s Technical Representative (COTR)/Project Officer (PO)

DHHS/OS/ASPR/BARDA

330 Independence Avenue, S.W.

Room G644

Washington, D.C. 20201

E-mail: ***@***

To:

Matthew Metz, Ph.D., Contracting Officer’s Technical Representative (COTR)/Project Officer (PO)

DHHS/OS/ASPR/BARDA

330 Independence Avenue, S.W.

Room G644

Washington, D.C. 20201

E-mail: ***@***

2. Under all references in the contract to the Contracting Officer’s Technical Representative (COTR) and Project Officer (PO), the following is hereby added as an Alternate Contracting Officer’s Technical Representative (COTR)/Project Officer (PO):

Joseph Larsen, Ph.D., Alternate Contracting Officer’s Technical Representative (COTR)

DHHS/OS/ASPR/BARDA

330 Independence Avenue, S.W.

Room 0644

Washington, D.C. 20201

E-mail: ***@***

3. Under, ARTICLE F.2. REPORTING REQUIREMENTS AND DELIVERABLES, 1. Other Contract Deliverables, the following changes are hereby incorporated into the contract:

1. Other Contract Deliverables

 

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1.    Project Meeting    Bi-Weekly
or as
amended by
   The Contractor shall participate in bi- weekly teleconferences with BARDA to discuss the performance of the contract.   

•        Contractor provides agenda 48hrs in advance of meeting to the PO

  

1 Electronic Copy to

 

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      CO and PO    The Contractor prepares a proposed agenda and shall record, maintain and provide draft-meeting minutes to the Project Officer (PO) for approval. The PO will approve the draft version and distribute the final version to the Contract Officer (CO) and Contractor.   

•        PO approves (with CO concurrence) and distributes agenda

 

•        Contractor provides meeting minutes within three business days of the meeting

 

•        PO reviews, comments and approves minutes

   PO and CO
2.    Monthly, Quarterly and Annual Project Status Report/ Meeting    Monthly reports are due on the 15th of each month, except on months when Quarterly/
Annual Technical Progress Reports are due
  

The Monthly/Quarterly Project/Annual Status Report shall address the items listed below and cross-referenced to the Work Breakdown Structure (WBS), Scope of Work (SOW), integrated Master Schedule (IMS), Integrated Baseline Review (IBR) report, Earned Value Management (EVM) Cost Performance Reports (CPR), and approval strategy.

 

1.      A Executive Summary in MS PowerPoint (.ppt) format, highlighting the progress, issues, and relevant activities in manufacturing, non-clinical, clinical, and regulatory. The Executive Summary should be limited to 2-3 pages and highlight critical issues for that reporting period. The Monthly, Quarterly, and Annual Technical Progress Report shall address each of the items below and be cross-referenced to the Critical Path. Integrated Master Schedule (IMS), EVM, WBS/Project Plan and the Risk Mitigation Plan.

 

2.      Progress in meeting contract milestones—broken out by subtasks within each milestone, overall project assessment, problems encountered and recommended solutions. The reports shall detail the planned progress and actual progress during the period covered, explaining occurrences of any differences between the two, and the corrective steps.

 

3.      Provide EVM CPR (quarterly) and Updated Risk Management Plan/Register (quarterly)

  

Monthly Reports:

 

•        Contractor provides Monthly Status Report deliverables on the 15th of each month via email/CD/e-room upload

 

•        PO and CO will review Monthly Reports with the Contractor and provide feedback

 

Quarterly Meeting:

 

•        Contractor provides Quarterly Status Report five business days prior to meeting. This report is an expanded version of the Monthly Status Report

 

•        Contractor shall identify itinerary for the quarterly site visits

 

•        Contractor provides agenda to the PO 48hr in advance of meeting

 

•        PO approves (with CO concurrence) and distributes agenda

 

•        Contractor provides meeting minutes within three business days of the meeting

 

•        PO reviews, comments and approves minutes

 

Annual Meeting:

 

•        Contractor provides Annual Project Status Report deliverables five business days prior to meeting. The annual

   1 Electronic Copy to PO and CO

 

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4.      The reports shall also include a three-month roiling forecast of key planned activities, referencing the WBS/IPDP.

 

5.      A tracking log of progress on regulatory submissions with the FDA submission number, description of submission, date of submission, status of submission. and next steps shall he updated continuously upon submission for all Biodefense and Non-Biodefense activities supported in part or whole with BARDA funding

 

6.      Estimated and Actual Expenses: This report shall also have attached either: a) a tabular (excel file) Control Account Plan report generated from MPM; or b) an unofficial CPR Form I. This section of the report shall also contain estimates for the subcontractors’ expenses from the previous month if the subcontractor did not submit a bill in the previous month. Estimates shall be listed for each subcontractor. If the subcontractor(s) was not working or did not incur any costs in the previous month, then a statement to this effect should be included in this report for those respective subcontractors. This section should also include a summary of any cost savings identified by the contractor as part of the 5% cost savings initiative.

 

7.      Contractor shall identify the itinerary for the quarterly site visits (quarterly)

  

   report should also include information from the annual meeting due 15 business days after the meeting. A draft report including ..ppt slides should be provided 5 business days prior to the meeting.

 

•        Contractor shall ensure that the board of directors is available to meet with BARDA. BARDA reserves the right to meet with the Contractor’s board of directors once a year to discuss the contract

 

•        PO approves (with CO concurrence) and distributes agenda

 

•        PO approves (with CO concurrence) all meeting material

 

•        Contractor provides meeting minutes within three business days

 

•        PO reviews, comments and approves minutes

 

•        Contractor provides a FINAL annual report within 15 business days after the conclusion of the annual meeting. PO (with CO concurrence) reviews, comments and approves FINAL Annual Report

 

•        BARDA and Contractor shall participate in an in process review

  
3.    Integrated Baseline Review (IBR)    Within 90 days of contract award   

The IBR Report shall address each of the items listed below and be cross-referenced to the WBS, SOW, IMS and approval strategy.

 

1.      Contractor provides baseline proposal and PowerPoint brief

 

2.      A description of the work scope through control account Work

  

•        Contractor provides baseline proposal, .ppt briefing, 10 business days prior to meeting

 

•        Contractor provides agenda to the PO 48hr in advance of meeting

 

•        PO approves (with CO

   1 Electronic Copy to PO and CO

 

4


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         Authorization Documents (WADS)

 

3.      Template for Work Packages

 

4.      Integrated Master Schedule (IMS) with the inclusion of agreed major milestones and control account plans (CAP) for all control accounts

 

5.      Baseline revision documentation and program logs (s) risk register.

  

         concurrence) and distributes agenda

 

•        PO approves (with CO concurrence) all meeting material

 

•        Contractor provides minutes within 48hr of the meeting

 

•        PO reviews and approves minutes

 

•        BARDA will review documentation and provide written comments and questions to Contractor

 

•        Contractor shall address BARDA’s comments and resubmit IBR for BARDA approval within 10 business days

  
4.    Integrated Master Plan    30 days following contract award and updated quarterly   

Integrated Master Plan (aka Integrated Product Development Plan) including WBS, critical path milestones and Earned Value Management Plan

Contractor has the option to combine details from the IMP with the WBS Dictionary (#6) in a single document, updated quarterly. Details include: milestones matched to planned EVM measurements; completion criteria; success criteria: assignments of responsible lead personnel for milestones, or for oversight of subcontractor effort required to meet milestones; and dependencies that cross reference to the Risk Management Plan

  

•        Contractor shall provide all the Integrated Master Plan deliverables 30 days following contract award, and thereafter on the 15th of each month. Deliverable should he included in the Quarterly or Annual Project Status Reports.

 

•        BARDA shall provide Contractor with a written list of concerns in response to Contractor’s submitted Integrated Master Plan, and the Contractor must address in writing all concerns raised by BARDA within twenty business days of Contractor’s receipt of this list of concerns.

  
5.   

Risk Management

Plan

   90 days following contract award and updated quarterly (additional    The Contractor will provide a Risk Management Plan that outlines the impacts of each risk in relation to the cost, schedule and performance objectives. The Risk Management Plan will include risk mitigation strategies. Each risk mitigation strategy will   

•        Contractor shall provide a Risk Management Plan 90 days following contract award and update on the 15th of each Quarter in their Quarterly or Annual

   1 Electronic Copy to PO and CO

 

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      submissions as requested by CO or PO)    capture how the corrective action will reduce impacts on cost, schedule and performance.   

   Project Status Reports

 

•        BARDA shall provide Contractor with a written list of concerns in response to Contractor’s submitted Risk Management Plan, and the Contractor must address in writing all concerns raised by BARDA within twenty business days of Contractor’s receipt of this list of concerns.

  
6.    Program Integrated Master Schedule and WBS Dictionary    The 15th of each quarter (additional submissions as requested by CO or PO)    The Contractor will provide Program Integrated Master Schedule (IMS) and WBS Dictionary with quarterly status updates to reflect changes in schedule, performance, and critical path   

•        Contractor shall provide an Integrated Master Schedule on the 15th of each quarter in their quarterly or annual Project Status Reports

 

•        Integrated Master Schedule shall be in both PDF and Microsoft Project Form

 

•        BARDA shall provide Contractor with a written list of concerns in response to Contractor’s submitted IMS, and the Contractor must address in writing all concerns raised by BARDA within twenty business days of Contractor’s receipt of this list of concerns.

  

1 Electronic Copy (PDF and Microsoft

Project Schedule (.mmp) format to PO and CO

7.    EVM / Contract Performance Report    The 30th day of the month after each calendar quarter (additional submissions as requested by CO or PO)    Contractor will provide a quarterly Contract Performance Report (CPR) at an agreed upon reporting level using the BARDA provided WBS and a Variance Analysis Report. Contractor will report EVM data on all Cost Plus CLINs   

Contractor shall provide a CPR and Variance Analysis Report on the 30th day of the month after the end of each calendar quarter in their Quarterly or Annual Project Status Reports Contractor shall provide and changes in baseline cost as a result of anticipated cost savings or risks

 

•        Contractor shall provide a PDF of deliverables. BARDA may request, on

   1 Electronic Copy to PO and CO

 

6


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   a quarterly or ad hoc basis that the Contractor provide raw data. BARDA may request additional data at a reporting level or at lower levels, as BARDA deems necessary

 

•        The Contractor must address in writing all concerns raised by BARDA staff to the satisfaction of BARDA

  
8.    Incident Report    Within 24 or 48 hrs of activity or incident   

The Contractor shall communicate and document all critical programmatic concerns, risks or potential risks with BARDA within 48 hours. The Contractor shall communicate via email or telephone.

 

The Contractor shall report to the government any activity or incident that is in violation of established security standards or indicates the loss or theft of government products within 24 hrs of activity or incident. The Contractor shall communicate via email, oral or written communication.

  

•        Email, Letter to CO Telephone (w/ written follow-up)

 

•        Written communication with BARDA PO and CO within 48 hrs of Contractor identifying a project risk or potential risk and 24 hrs for Security activities or incident

 

•        Additional updates within 48 hrs of additional developments, additional information and/or understanding

 

•        Contractor shall submit within 5 business days a Corrective Action Plan (if necessary) to address any potential security issues

 

•        If corrective action is required, the Contractor must address concerns raised by BARDA

 

•        Contractor shall address BARDA’s concerns in writing within 5 business days

   1 Electronic Copy to PO and CO
9.    Deviation Request    TBD    Process for changing study protocols and/or the Integrated Master Plan (a.k.a Integrated Product Development Plan)   

•        Contractor shall submit a Deviation Request as soon as the Contractor has sufficient data to support the need for a change from the

   1 Electronic Copy to PO and CO

 

7


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approved study protocols and/or Integrated Master Plan

 

•        The BARDA CO will review and provide a written response to the Deviation Request.

 

•        Contractor shall address BARDA’s comments and resubmit the deviation request that addresses BARDA’s comments within 5 business days

 

•        Contractor shall not proceed with the deviation until BARDA gives its approval

  
10.    Draft and Final Technical Progress Report    Draft 20 business days before and Final 10 business days after completion of the POP   

A draft of Final Technical Progress Report containing a summation of the work performed and the results obtained for the entire contract period of performance. The draft report shall be duly marked as ‘Draft’.

 

The Final Technical Progress Report incorporating the feedback received from BARDA and containing a summation of the work performed and the results obtained for the entire contract period of performance. This final report shall detail, document and summarize the results of the entire contract. This report shall be in sufficient detail to fully describe the progress achieved under all milestones. The final report shall be duly marked as ‘Final’.

  

•        Contractor shall provide a draft report 20 business days and final 10 business days before completion of the contract period

 

•        PO provides edits and additional feedback, which Contractor will incorporate into the Final Technical Progress Report

 

•        The Contractor shall submit one (1) copy of a comprehensive final report to the CO and two (2) copies (one electronically on a CD) to the PO

   1 Electronic Copy to PO and CO
11.    Product Transition Strategy    90 days prior to end of the (base/option) POP    Contractor shall provide a Product Transition Strategy to support transition of the product(s) prior to end of the base and/or option(s) POP. The Product Transition Strategy should provide a strategic plan for further development and/or stockpiling of the product The transition strategy shall provide options and/or a specific approach for the transition of MCM product for further development, procurement, approval and/or stockpile   

•        Contractor shall provide a Product Transition Strategy to support transition of the product(s) 90 days prior to end of the (base/option) POP as an addendum to that Quarter’s Quarterly Project Status Report.

   1 Electronic Copy to PO and CO

 

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12.    Decision Gate Presentation    Event Driven Review following completion of a pre-defined stage of product development and prior to initiation of a new stage    Contractor shall provide a presentation following a prescribed template provided by BARDA prior to the Decision Gate Review   

•        Contractor shall provide an update to technical progress made towards completion of the Decision Gate and provide the presentation, 10 business days prior to the Decision Gate Review

 

•        Contractor shall submit written justification of progress towards satisfying Decision Gate criteria

 

•        After reviewing, the BARDA PO and CO will provide a written response

   1 Electronic Copy to PO and CO
13.    Standard Operating Procedures    As requested by PO and CO    Contractor shall provide Standard Operating Procedures (SOPs) to BARDA for review, as they are completed and updated   

•        Contractor shall submit the Standard Operating Procedures (SOPs) in the form requested by the PO and CO within 15 calendar days of request

   1 Electronic Copy to PO and CO
14.    Approval Strategy    Within 90 days of contract award and updated as part of the quarterly report    Contractor shall provide overview of the approval strategy to include all clinical and non-clinical studies   

•        Contractor will submit proposed clinical and non-clinical strategy to support approval

 

•        If corrective action is required, the Contractor must address concerns raised by BARDA

  
15.    Study Protocols    At least 10 business days prior to FDA Submission   

Contractor steal I provide Pre- Clinical/Non-Clinical/Clinical Trial Protocols to BARDA for evaluation, prior to FDA submission

 

(The CO and PO reserves the right to request within the period of performance a non-proprietary Study Protocol for distribution within the United States Government(USG))

  

•        Contractor will submit proposed protocols to BARDA at least 10 business days prior to FDA submission. If corrective action is required, the Contractor must address in writing all safety, regulatory, ethical, and conflict of interest concerns raised by BARDA to the satisfaction of BARDA before study execution

 

•        After receiving the corrected documentation,

   1 Electronic Copy to PO and CO

 

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that satisfies BARDA the CO will provide a written Contract Officer Authorization (COA) Letter to the Contractor. This COA provides authorization to the Contractor to execute the specific clinical study funded in part or in whole by BARDA

 

•        Contractor shall not proceed with any study protocol until BARDA gives its approval

 

•        Final FDA submissions shall be submitted to BARDA concurrently or no later than one calendar day after its submission to CDER

  
16.    Study Reports    Within 30 (draft) or 60 (final) calendar days after completion of analysis and 15 business days prior to submission to FDA   

Contractor shall provide Draft and Final Pre-Clinical/Non-Clinical/Clinical Study Reports to BARDA for review and edits within 30 (draft) or 60 (final) calendar days after completion of analysis of Pre-Clinical/Non-Clinical/ Clinical data and 15 business days prior to submission to FDA

 

Alternatively, clinical draft study reports may be submitted 40 business days, and final reports submitted within 75 business days after database lock, provided submission to BARDA is still at least 15 days prior to FDA submission (“Alternative Schedule”)

 

(The CO and PO reserves the right to request within the period of performance a non-proprietary Study Report for distribution within the USG)

  

•        Contractor shall provide Draft and Final Pre- Clinical/Non-Clinical/ Clinical Study Reports to BARDA within 30 (draft) or 60 (final) calendar days after completion of each report. Clinical study reports may be provided via the Alternative Schedule.

 

•        Contractor will submit proposed Pre- Clinical/Non-Clinical/ Clinical Study Report to BARDA at least 15 business days prior to FDA Submission

 

•        If corrective action is required. The Contractor must address in writing all concerns raised by BARDA to the satisfaction of BARDA before FDA Submission

 

•        Contractor shall not proceed with any study report until BARDA

   1 Electronic Copy to PO and CO

 

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gives its approval

 

•        Final FDA submissions shall be provided to BARDA concurrently or no later than 1 calendar day of its submission to CDER

  
17.    Manufacturing
Campaign Reports
   Within 30 calendar days after receipt of batch records and 15 business days prior to submission to FDA   

Contractor shall provide Manufacturing Campaign Reports to BARDA for review and edits prior to submission to FDA

 

(The CO and PO reserve the right to request within the period of performance a non-proprietary Manufacturing Campaign Reports for distribution within the USG)

  

•        Contractor will submit proposed Analysis Reports and Manufacturing Campaign Reports to BARDA at least 15 business days prior to FDA Submission.

 

•        If corrective action is required, the Contractor must address in writing all concerns raised by BARDA to the satisfaction of BARDA before FDA Submission

 

•        Contractor shall not proceed with any FDA submission until BARDA gives its approval

 

•        Final FDA submissions shall be submitted to BARDA concurrently or no later than one (1) calendar day after its submission to CDER

   1 Electronic Copy to PO and CO
18.    FDA Meeting Notification    No later than 10 business days prior to the scheduled meeting    The contractor shall forward the dates and times of any meeting with the FDA to BARDA and arrange for appropriate BARDA staff to attend the FDA meetings. BARDA staff shall include up to a maximum of four people (PO, CO, and up to two (2) Subject Matter Experts (SME(s)).   

•        Contractor must notify BARDA of an upcoming meeting with the FDA within 24 hours of scheduling the meeting with the FDA and no later than 10 business days prior to the scheduled meeting

   1 Electronic Copy to PO and CO
19.    FDA Correspondence and Meeting Minutes    Within three (3) calendar days of receiving correspondence from the    The contractor shall forward initial Contractor and CDER-issued draft minutes and final minutes of any meeting with the FDA to BARDA. All documents shall be duly marked as either ‘Draft’ or ‘Final’.   

•        Contractor provides FDA correspondence and meeting minutes within three (3) calendar days of the meeting or correspondence

   1 Electronic Copy to PO and CO

 

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      FDA         
20.    FDA Submissions    At least 15 business days prior to submission to FDA   

The Contractor shall provide BARDA the opportunity to review and comment upon all draft regulatory documents before submission to the FDA. Contractors shall provide BARDA with an electronic copy of the final FDA submission. All documents shall be duly marked as either ‘Draft’ or ‘Final’.

 

The Contractor must address in writing all concerns raised by BARDA to the satisfaction of BARDA before FDA submission.

  

•        Contractor will submit proposed FDA Meeting Briefing Packets to BARDA at least 15 business days prior to FDA submission

 

•        If corrective action is required, the Contractor must address in writing all concerns raised by BARDA staff to the satisfaction of BARDA before FDA submission

 

•        Final FDA submissions shall be submitted to BARDA concurrently or no later than one (1) calendar day of its submission to CDER

   1 Electronic Copy to PO and CO
21.    FDA Audits    Within 10 business days of a scheduled audit or within 24 hours of an ad hoc site visits/audits if the FDA did not provide advanced notification    The Contractor shall notify the PO and CO within 24 hours of FDA’s arrival to conduct site visits/audits by any regulatory agency. In the event of an FDA inspection which occurs as a result of this contract and for this product, or for any other FDA inspection that has the reasonable potential to impact the performance of this contract, the Contractor shall provide the BARDA with an exact copy (non-redacted of the FDA Form 483, and the Establishment Inspection Report (EIR). The contractor shall provide the PO and CO copies of the plan for addressing areas of non-conformance to FDA regulations for GLP, GMP, or GCP guidelines as identified in the audit report within 10 business days, status updates during the plans execution, and a copy of all final responses to the FDA. The Contractor shall also provide redacted copies of any FDA audit report received from subcontractors that occur as a result of this contract or for this product within three (3) calendar days of receiving correspondence from the FDA and/or third party. The Contractor shall make arrangements for a BARDA representative(s) to be present during   

•        The Contractor shall notify the PO and CO within 24 hours of all FDA arrivals to conduct site visits/audits by any regulatory agency

 

•        Contractor provides QA Audit Reports within 15 calendar days of the audit

 

•        The Contractor shall also provide copies of any FDA audit report received from subcontractors that occur as a result of this contract or for this product within three (3) calendar days of receiving correspondence from the FDA and/or third party.

   1 Electronic Copy to PO and CO

 

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         the final debrief by the regulatory inspector.      
22.    QA Audit Reports    5 business days before report completion    The Contractor shall inform the PO and CO in advance of upcoming audits/site visits of subcontractors as part of the weekly communications, including goals and agenda. BARDA reserves the right to participate in the audit. Upon completion of the audit/site visit the Contractor shall provide a report capturing the findings, results and next steps in proceeding with the subcontractor. If action is requested of the subcontractor, details addressing areas of non-conformance to FDA regulations for GLP, GMP, or GCP guidelines, as identified in the audit report, must be provided to BARDA. The Contractor shall provide responses from the subcontractors to address these concerns and plans for corrective action execution   

•        The Contractor shall inform the PO and CO 10 days in advance of upcoming audits/site visits of subcontractors

 

•        The Contractor shall notify the PO and CO within 5 business days of report completion

   1 Electronic Copy to PO and CO
23.    BARDA Audit    Ad Hoc    The contractor shall accommodate for periodic or ad hoc site visits by BARDA. If BARDA, the Contractor or other parties identifies any issues during an audit, the Contractor shall capture the issues, identify potential solutions and provide a report to BARDA.   

•        If BARDA, the Contractor or other parties identifies any issues during an audit, the Contractor shall capture the issues, identify potential solutions and provide a report to BARDA within 10 business days.

 

•        The PO and CO will review the deliverable and provide a response to the Contractor.

 

•        Once corrective action, approved by the CO, is completed, the Contractor will provide a final report to BARDA

   1 Electronic Copy to PO and CO
24.    Technical Documents    Within 10 business days upon request by CO/PO    Contractor shall provide PO and CO upon request with deliverables from the following contract funded activities: Process Development Reports. Assay Qualification Plan/Report. Assay Validation Plan/Report, Assay Technology Transfer Report, Batch Records, SOPs, Master Production   

•        Contractor provides deliverables within 15 calendar days of the completion of activities

 

•        If additional time is required, Contractor shall request additional

  

For Final Documents:

 

1 Electronic Copy to

PO and CO

 

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Records, Certificate of Analysis

(The CO and PO reserves the right to request within the period of performance a non-proprietary Technical Documents for distribution within the USG)

  

time from BARDA on a per deliverable basis

 

•        If corrective action is required, the Contractor must address in writing concerns raised by BARDA

 

•        Contractor will submit proposed FDA Technical Documents to BARDA at least 15 business days prior to FDA submission

 

•        If corrective action is required the Contractor must address in writing all concerns raised by BARDA to the satisfaction of BARDA before FDA Submission

  
25.    Animal Model or Other Technology Transfer Package    Within 10 business days of request by CO/PO    Contractor shall provide Animal Model or Other Technology Transfer Package relevant data   

•        Contractor shall provide Animal Model or other Technology Transfer Package within 10 business days of request by CO/PO

   1 Electronic Copy to PO and CO
26.    Raw Data or Data Analysis    Within 20 business days after receipt of request by CO/PO    Contractor shall provide Raw Data or Data Analysis for review by BARDA, if requested   

•        Contractor shall provide Raw Data or Data Analysis within 20 business days of request by CO/PO

   1 Electronic Copy to PO and CO
27.    Samples of Therapeutics    Within 20 business days of request by CO/PO    Contractor shall provide samples of non-GMP candidate therapeutics and GMP material manufactured with contract funding to include raw material, Bulk Drug Substance (BDS), Final Drug Product (FDP) and/or labeled and packaged treatment courses. The request will state the type of material and the amount but it is not to exceed the equivalent of 250 treatment courses or its individual manufacturing equivalent. The Contractor will be advised by the CO how samples are to be packaged and where samples are to be shipped. It is acceptable to label material “Not for Clinical Use”. BARDA reserves the right to request samples throughout the period of   

•        Contractor must submit samples of therapeutics within 20 business days of request by CO/PO.

 

•        The Contractor will be advised by the CO how samples are to be packaged and where samples are to be shipped.

   CO will provide details upon request

 

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#

  

Type of
Deliverable

  

Frequency/
time periods

  

Description of Deliverable

  

Reporting Procedures

  

Quantity/
Form

         performance.      
28.    Publications    20 business days for manuscripts and 10 business days for abstracts    Any manuscript or scientific meeting abstract containing data generated under this contract must be submitted to BARDA for review prior to submission   

•        Contractor must submit all manuscript or scientific meeting abstract to PO and CO within 20 business days for manuscripts and 10 business days for abstracts

 

•        The CO will respond with written comments within 10 business days for manuscripts and 5 business days for abstracts.

 

•        If corrective action is required, the Contractor must address in writing all concerns raised by BARDA to the satisfaction of BARDA before Submission.

 

•        Any Final submissions shall be submitted to BARDA concurrently or no later than one (1) calendar day of its submission

   1 Electronic Copy to PO and CO
29.    Press Release    5 business days prior to release    The Contractor agrees to accurately and factually represent the work conducted under this contract in all press releases   

•        The Contractor shall ensure that the CO has received and approved an advanced copy of any press release to this contract not less than 5 business days prior to the issuance of the press release

 

•        If corrective action is required, the Contractor agrees to accurately and factually represent the work conducted under this contract in all press releases

 

•        Any final submissions shall be submitted to BARDA concurrently or no later than one (1) calendar day of its

   1 Electronic Copy to PO and CO

 

15


#

  

Type of
Deliverable

  

Frequency/
time periods

  

Description of Deliverable

  

Reporting Procedures

  

Quantity/
Form

            submission.   
30.    Contract financing Report    No later than the 30th business day after the end of the reporting period    The Financial Report shall be submitted by the Contractor in accordance with the instructions set forth in section G.4 of this contract.    The Contractor shall provide the contract financing report no later than the 30th business day after the end of the reporting period in accordance with the instructions set forth in section G.4 of this contract.   

 

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