MODIFICATION
B -- Special Studies and Analysis - not R & D
- Notice Date
- 7/23/2004
- Notice Type
- Modification
- NAICS
- 541211
— Offices of Certified Public Accountants
- Contracting Office
- Department of Health and Human Services, National Institutes of Health, National Institute of Allergy & Infectious Diseases/AMOB, 10401 Fernwood Drive, Suite 2NE70, MSC 4811, Bethesda, MD, 20817
- ZIP Code
- 20817
- Solicitation Number
- RFQ4053
- Response Due
- 7/30/2004
- Archive Date
- 8/14/2004
- Point of Contact
- Roshawn Simpson, Purchasing Agent, Phone 301-402-6684, Fax 301-480-3695, - John Foley, Contracting Officer, Phone 301-402-2284, Fax 301-480-0689,
- E-Mail Address
-
rsimpson@niaid.nih.gov, jfoley@NIAID.NIH.GOV
- Description
- The purpose of this Amendment #1 to RFQ #4053, previously published on July 7, 2004, is to extend the response date to July 30, 2004, 5:00 pm Eastern Daylight Time (EDT) and provide answers to questions as follows: QUESTION #1: What specific NIH technologies are included in this royalty audit? ANSWER #1: The specific NIH technologies included in the audit are vaccines. QUESTION #2: Are there specific companies/licensees for which the royalty audit will be performed? If so, who are they and what are the locations that will be audited? ANSWER #2: We are not at liberty to disclose the name of the company; however, the main audit location will be in Europe. QUESTION #3: What is the typical magnitude of the license stream ($1 million a month)? ANSWER #3: Royalty stream is approximately 2 million per year per license. QUESTION #4: Will copies of the license agreements be made available before the proposal needs to be submitted? ANSWER #4: Copies of the license agreements will only be made available to the awardee. QUESTION #5: Are there standard procedures for calculating the royalty amount or does it differ for each individual licensee? ANSWER #5: Each license has a unique formula for calculating the royalty. QUESTION #6: What is the deadline for submitting questions? ANSWER #6: NIAID will answer questions until 3:00 pm Eastern Daylight Time (EDT), Wednesday, July 28, 2004. QUESTION #7: What is the authority of the auditor to access licensee information in this engagement? ANSWER #7: The auditor works under the authority of USC35 section 207(a). QUESTION #8: What is the scope of access to licensee information (e.g., electronic and paper; ERP system components including sales, shipping, inventory and purchasing)? ANSWER #8: The auditor should have unrestricted access to documents at the licensee?s site. Requested documents must be made available for the period being audited. QUESTION #9: What are the requirements for licensee cooperation under the license agreements? ANSWER #9: Licensee is required to cooperate under the terms of the license and USC35. QUESTION #9 (a): How many licensees and/or license agreements are included in the scope of this RFQ? ANSWER #9 (a) One (1) licensee; two (2) licenses. QUESTION #9 (b): How many royalty audits will be expected under this contract? ANSWER #9 (b): One (1). QUESTION #9 (c): Who will select which audits are to be performed? ANSWER #9 (c): Selection is not applicable. This requirement is for a standard audit of 2 licenses with 1 licensee at a single location. QUESTION #10: Is the audit clause used in the agreement(s) consistent for all licensees and/or license agreements? ANSWER #10: Yes, the clause used in the agreement is consistent in both licenses. QUESTION #11: Who will make the actual request for electronic information and/or documents, NIH or the audit firm? ANSWER #11: NIH will inform the licensee of the impending audit and work with the auditor to obtain the necessary documents. QUESTION #12: Have other contracts for similar work been awardee by NIAID? ANSWER #12: Yes. QUESTION #12 (a): How many contracts were awarded? ANSWER #12 (a): Approximately ten (10) contracts have been awarded over the past several years. QUESTION #12 (b): What was the value of these contracts? ANSWER #12 (b): The value of these contracts is confidential. Exempt from the Freedom Of Information Act (FOIA). QUESTION #12 (c): What firm was awarded the royalty audit work? ANSWER #12 (c): NIAID will not disclose past awardees. QUESTION #12 (d): Are the audit reports available to the current contract bidders? ANSWER #12 (d): Completed audit reports are confidential. QUESTION: #13: What are the reporting requirements of the audit firm? ANSWER #13: The contractor will submit a draft report of their findings for review, possible revision and approval. Upon approval, the contractor will then submit two (2) copies of the final report to the Project Officer. QUESTION #14: Can the number of sales records be quantified? If so, approximately what is the number? ANSWER #14: No, the number of sales records cannot be quantified. QUESTION #15: Can a list of the actual licensees be provided prior to proposal due date? ANSWER #15: No, license information is confidential and will only be disclosed to the awardee. QUESTION #16: Regarding compliance with the terms of the subject license agreement, please confirm that compliance refers specifically and only to the payment of the royalties and to no other issue of the license agreement. ANSWER #16: Yes, compliance refers specifically to royalty payment compliance, however the awardee will be required to divulge any issues and/or essential information uncovered. QUESTION #17: With respect to the RFP requirement that the contractor "provide assurance that licensees are in compliance with the license agreement," contractors may be in a position to recommend a process by which licensees are required to confirm compliance with the agreement. However, other than perhaps with respect to royalty payments, the contractor will not be in a position (no matter the level of access provided to licensee information) to provide any kind of assurances with respect to the other license terms (which may include representations regarding the licensee). In light of these legalities, can the government provide a form license? ANSWER #17: Sample licenses are available on the Office of Technology Transfer's website [http://ott.od.nih.gov]. All previous information remains the same as previously posted RFQ4053. Special note: All prospective offerors must acknowledge Amendment #1 by electronic mail to: (rsimpson@niaid.nih.gov) or written (301-480-3695 (fax)) format to Ms. Roshawn Simpson. Offers must be submitted no later than 5:00 P.M. Eastern Daylight Time (EDT), July 30, 2004 to Ms. Roshawn Simpson. Copies of the aforementioned clauses are available upon request by telephone to Ms. Roshawn Simpson at (301) 594-3419. For delivery through the Postal Service, the address is NIH/NIAID/AMOB, 10401 Fernwood Drive, Room 2NE-70-A, MSC: 4811, Bethesda, MD 20817-4811. Electronic transmissions will not be accepted. Requests for information concerning this requirement are to be addressed to Ms. Roshawn Simpson at (301) 594-3419. Collect calls will not be accepted. All responsible sources may submit an offer that will be considered by this agency.
- Place of Performance
- Address: National Institutes of Health,, Bethesda, Maryland
- Zip Code: 20892
- Country: USA
- Zip Code: 20892
- Record
- SN00629359-W 20040725/040723211915 (fbodaily.com)
- Source
-
FedBizOpps.gov Link to This Notice
(may not be valid after Archive Date)
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