Page images
PDF
EPUB

FDA 224-57-3004

2. Nothing in this agreement will preclude DSA repre-
sentatives from making visits to foreign suppliers
with FDA or separately.

3.

FDA personnel carrying out inspection services will
be made available as witnesses or be permitted to
supply information and data to DSA for GAO protest,
Armed Services Board of Contract Appeal cases and
such other cases where expertise is required.

[blocks in formation]

V.

VI.

Page 3

This agreement, when accepted by both parties, will have an effective date beginning July 1, 1974, and continue for an indefinite period of time, and may be modified by mutual consent of both parties or may be terminated by either party upon a thirty (30) day advance written notice to the other.

COST

DSA shall reimburse FDA an amount not to exceed $20,000 for FY 75 services as outlined in this agreement.

FUND ING

A.

Billing will be based on the rates effective under the Food and
Drug Administration's user charges policy at the time service
is rendered and shall be based on actual time records covering
each inspection analysis performed by FDA. Such billings shall
designate the service performed (i.e., inspection of facilities,
testing of samples, etc.), name of manufacturer or bidder
involved, and shall itemize the charges by designating the type
of cost (i.e., salaries, per diem, transportation, etc.), and
the computation of the sum billed.

224-75-3001

B. FDA shall submit vouchers quarterly, on Standard Form 1080,
and mail to:

Defense Personnel Support Center
2800 South 20th Street

Philadelphia, Pennsylvania 19101

Attn: Medical Materiel Directorate
DPSC-A

C. Administrative billing requirements shall be in accordance
with GAO Policy and Procedure, Title 7, Section 8.4.

VII. AUTHORITY

Page 4

This agreement is entered into under the authority of the Economy Act approved June 30, 1932, as amended 31 USC 686.

[merged small][merged small][merged small][ocr errors][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

Mr. MCKENZIE. During and subsequent to a series of meetings involving foreign inspection, we exchanged information with the FDA concerning our quality assurance program for drugs and other medical materiel. On May 24, 1974, we instructed the Defense Supply Agency and the Defense Medical Materiel Board to initiate negotiations with the FDA to make maximum utilization of the resources and facilities of the FDA. A copy of this letter is provided for the record.

[Testimony resumes at page 11776. The information referred to follows:]

[ocr errors][merged small][merged small][merged small][merged small][merged small][merged small]

SUBJECT: Quality Assurance System for Centralized Drug Procurement
References: (a) GAO Report entitled "How to Improve the Procurement
and Supply of Drugs in the Federal Government, "
dated 6 December 1973 (OSD Case #3636)

[ocr errors]

(b) OMB Study Report entitled "Interagency Group Report
on Medical and Nonperishable Subsistence Items,
dated 4 Jan 1974

Referenced documents contain a recommendation that the quality
assurance functions currently performed by federal agencies engaged
in the procurement of pharmaceuticals be transferred to the Food
and Drug Administration (FDA). The Department of Defense (DoD)
position on this matter was presented in testimony before the Sub-
committee on Monopoly, Senate Select Committee on Small Business
on 5 March 1974. Restated briefly the position is as follows:

"The department is committed to cooperate with the FDA
in developing a drug quality assurance system which will
make maximum utilization of FDA capabilities and at the
same time accommodate our unique and special require-
ments.

[ocr errors]

It is requested that action commence in conjunction with FDA and the
Defense Medical Materiel Board (DMMB) to develop a coordinated
quality assurance system for drug procurement. This system should
utilize FDA capabilities to the fullest extent while affording the same
or better protection as our current system at a reasonable cost.
It is
desired that discussions/negotiations begin as soon as practical with
FDA.

For these deliberations the following guidance is provided:

Any action proposed under the new system must be
consistent with and protective of the competitive

procurement process and insure contractor compliance
with all contracts and specifications.

o It is understood that the current methodology employed
by FDA in the performance of its regulatory function
will not satisfy Defense procurement requirements and
that appropriate changes in their approach will be
effected. In any case, it is imperative that the support
provided by FDA be both timely and responsive to the
needs of DoD. FDA's performance of selected quality
assurance functions must not increase the production
lead time and thereby increase inventory investment.

• DoD will continue to develop item characteristics and
specifications; the quality assurance provisions included
therein will be coordinated with FDA. As a general rule,
the drug standards prescribed by the United States
Pharmacopeia (USP), National Formulary (NF), and FDA
will satisfy departmental requirements; this does not
preclude the inclusion of additional standards when deemed
essential to satisfy a unique or specia! requirement.

The Good Manufacturing Practice (GMP) regulations
(21 CFR 133) are to be utilized as the basic DoD standard.
Any additional requirements determined to be essential
will be coordinated with FDA.

Recommendations for changes in DoD policy to include
Armed Services Procurement Regulations (ASPR),
determined necessary for this new system will be
processed in accordance with established procedures.

Additional implementing instructions regarding this matter are expected in the near future from the Office of Management and Budget (OMB). Additional guidance, as appropriate, to include a firm date for the submission of your plan will be provided at that time. It is not

envisioned that the plan will be required earlier than one hundred and twenty (120) days from this date.

Lt. Colonel T. D. Wood (telephone 695-4938) is the point of contact on this matter.

cc: ASD(Comptroller)

ASD(I&L)

Chief, DMMB

Commissioner, 7DA

54-476 0 - 75 - 10

Vernon McKenzie

Acting Assistant Secretary

Mr. MCKENZIE. The DSA organized a DOD task group to conduct negotiations with the FDA. This task group met for the first time on June 11, 1974, with appropriate DOD agencies participating. Representatives of my office participated as observers in the task group deliberations. On June 4, 1974, OMB issued guidance on the procurement and distribution of medical supplies and nonperishable subsistence and tasked the Secretary of HEW with the responsibility of developing a quality assurance plan for medical materiel.

A briefing for FDA representatives was presented by DOD on June 13, 1974. This briefing provided officials of FDA with an analysis of our quality assurance program for drugs. It provided information concerning our requirements for drugs, their specification development and use, and the relationship of our quality assurance procedures to the DOD drug procurement program. It also highlighted our preaward survey procedures for prospective contractors, our quality assurance program as it affects contract administration, and the quality assurance of drug supplies in government storage.

As a result of this briefing, FDA representatives requested that they be afforded an opportunity to visit a representative Defense Contract Administration Services Region and some selected drug firms to witness the DOD quality assurance program in practice. During the week of July 14, 1974, a visit was made to our New York office and three pharmaceutical firms whose DOD contracts are administered by the New York office. This provided FDA with further insights into DOD purchasing procedures, related contract administration and quality assurance.

On August 6, 1974, the Commissioner and senior officials of FDA met with me and selected senior officials of Defense agencies to discuss the quality assurance subject. On September 19, 1974, the FDA conducted a briefing and discussion for senior officials involved in Federal contracting.

Again, as Dr. Lee has indicated, five interagency task groups were organized on September 24, 1974, to review all aspects of Federal purchasing of drugs and to make appropriate recommendations that would offer a government-wide quality assurance program plan for drugs. These were Task Group 1. Specifications, chaired by DOD; Task Group 2, Standards, Good Manufacturing Practices and related material, chaired by FDA; Task Group 3, Pre-award Surveys and On-Site Inspections, chaired by FDA; Task Group 4, Product Testing, chaired by DOD; and Task Group 5, Certification Lists, chaired by FDA.

A sixth task group on nondrug items was recognized but not established at this time. However, on April 2, 1975, this task group was activated under the chairmanship of DOD. The completion of the implementation plan being developed by this last group is expected by September 1, 1975.

The interagency groups were requested to cover the assigned areas in considerable depth and to complete their task by the 15th of January. Each group was required to describe the quality assurance systems now in existence and to include the manpower and other resources required to operate these systems. Each group was also charged with the responsibility to design or describe a conceptual system as it would operate under the FDA's direction and to include

« PreviousContinue »