Q A _CDC 2010 Adult Vaccine Contract AS OF 29APR2010.pdf

Centers for Disease Control and Prevention (CDC)

Question and Answer (Q&A) Tracking Sheet

2010 Adult Vaccine Solicitation_ Request for Proposal (RFP) No 2010-N-11987

Question

Question Government Response

Q1

I noticed that the Maximum Estimated Quantity for each of the vaccine listed on the solicitation is lower compared to previous years. Is this your intention or an oversight?

Yes, this is CDC’s intention.

Q2

The solicitation did not mention which fund will be used on the contract – 317 and/or State funds?

317 funds (ARRA and Non-ARRA) will be used to purchase vaccines offered on the CDC 2010 adult vaccine contracts.

Q3

Will ARRA funds be used to purchase vaccines on this contract?

Yes, American Recovery and Reinvestment Act (ARRA) funds will be used to purchase vaccines offered on this contract.

Q4

I was writing to inquire about the CDC requirements for their contracts. Specifically, I would like to inquire about the baseline insurance requirements the CDC may have for any

RFPs relating to human vaccines.

What I meant by 'baseline' insurance is the liability insurance that the vendor would have to have in order to be considered eligible for a CDC contract, in this case involving vaccines. I only ask as I don't see the information posted at

CDC or elsewhere.

There is no requirement for a Vendor to obtain insurance to be eligible for this contract.

Q5

Why has CDC included C.1.26? This provision does not seem appropriate in light of C.1.19, which prohibits the resale of vaccines purchased under the agreement.

The CDC shall accept offers from both vaccine

‘manufacturers’ and vaccine ‘distributors’ for this adult vaccine solicitation. To meet applicable ‘pedigree’ requirements in accordance with the FDA PDMA, the CDC must be designated an ADR by the manufacturer.

Subsequently, interested vaccine distributors must provide proof that they are an ADR for each vaccine offered in their perspective proposal.

Q6

Can you kindly provide the whole solicitation document in word document? It is easier to work on it in word document than in PDF. Also, when is the CDC comments to question asked on the solicitation to be posted?

Yes, see attachments to the FBO solicitation for a MS

Word® version of RFP 2010-N-11987. All questions and responses are posted before the solicitation due date.

Q7

It is our understanding that the Patient Protection and

Affordability Act authorizes CDC to enter into contracts on behalf of section 317 grantees under which they may purchase vaccines with state funds at negotiated contract prices. Does CDC intend to amend the solicitation to permit state purchases and if so does it intend to clarify that the price ceiling applicable to certain federal purchases required by the Maximum Contract Price clause does not apply to state funded purchases?

State purchasing is not currently allowed for in this solicitation nor accounted for in contract maximum values.

Therefore, specific response to the question presented will not be provided. Recent legislation is under careful review for applicability to this solicitation with no forecast date for completion. If upon completion of our analysis, the

Government determines a solicitation amendment or contract modification is appropriate, all offerors/contractors will be notified accordingly and questions associated with the change will be answered.

Q8

Can you also clarify the bid opening date? I’m assuming it is

5/7/2010. The solicitation indicates 5/7/09.

Proposals are due on or before May 7, 2010 as annotated in

Section E of the RFP. See Amendment 00002 in regards to the noted error on page 1 of the RFP.

Q9

Is the Maximum Contract Price clause included in the

Solicitation mandatory, and if so, is it because the

Contracting Officer interprets the provisions of 38 U.S.C.

8126 as requiring application of the Federal Ceiling Prices to purchases under the contract?

Yes.

Q10

If CDC intends to permit States to purchase vaccines under the contract with State funds, will the Solicitation be amended to provide for separate price lists for State-funded purchases, as the VA does with State authorized purchases under the FSS contract, so that States buy at negotiated prices not the statutory price reported to the VA.

See response to Q7.

Q11

If CDC intends to permit States to purchase vaccines under the contract with State funds, are the State estimated requirements included in the contract maximum quantity?

See response to Q7.

Q12

Has the Contracting Officer determined that the Max Price

Clause is consistent with commercial practices?

The Contracting Officer has determined that the Max Price

Clause is consistent with public sector business practices, thus is inherently applicable to this U.S. Government contract.