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Lawmaker seeking investigation into anthrax vaccine contract

By KEN THOMAS
The Associated Press

WASHINGTON (AP) — A Michigan congressman on Wednesday called for an investigation into the government's awarding of an $877.5 million contract to VaxGen Inc. to develop the company's experimental anthrax vaccine.


Rep. Mike Rogers, R-Brighton, said the California company's failure to deliver the vaccine to the Health and Human Services Department and reports that VaxGen exaggerated the benefits of the vaccine have raised concerns about the nation's ability to stockpile vaccines.

"I am very worried that this will leave America unprotected," Rogers said. He plans to seek the inquiry through the House Energy and Commerce Committee's oversight and investigation panel.

VaxGen was awarded the first contract under Project BioShield, a law signed by President Bush in 2004 that would provide $5.6 billion to develop remedies against potential bioweapons.

The company has delayed by six to nine months its delivery of the first 25 million doses of the anthrax vaccine to HHS. It has asked the agency to amend the contract to allow it to start delivery of the first 25 million doses later this year and into 2007.

VaxGen was warned in a March 24 letter from the Food and Drug Administration about sales material handed out at a government biodefense research meeting that contained "false and misleading statements" about the experimental vaccine and how it compared to one produced by Lansing, Mich.-based BioPort Corp. The letter was released Tuesday.

BioPort, which is located in Rogers' congressional district, was awarded a $122.7 million contract in May 2005 to make 5 million doses of an anthrax vaccine. The company, the nation's only licensed manufacturer of the vaccine, recently completed the delivery ahead of schedule.

Rogers said he has sought assurances from HHS Secretary Mike Leavitt that the agency will issue a contract for an additional 5 million doses but has received mixed signals. Leavitt told a House panel last month that he had authorized the purchase of additional vaccines, but Rogers and the company said the contract has not yet been awarded.

Rogers said the company did not ask him to seek the investigation, but its location in his district "allows me a better understanding" of the issue. Employees of BioPort and its parent company, Emergent Biosolutions Inc., have contributed $8,376 to Rogers' leadership political action committee since September 2004, according to the Center for Responsive Politics.

BioPort President and Chief Executive Robert Kramer said the company was "committed to be a reliable supplier of life-protecting medical countermeasures to the U.S. government, however, we need an equal commitment on behalf of the government for this partnership to be sustained longterm."

HHS spokesman Bill Hall said he had not been notified of Rogers' request and could not comment. But he defended the awarding of the VaxGen contract and said the "highest level of care" is taken to manage the contracts.

"With any type of program like that, delays are absolutely possible, and when they happen, they're not unexpected," Hall said.

VaxGen spokesman Paul Laland said the company does not believe there are any grounds for an investigation, "but if there was one, we'd be happy to participate and we'd welcome the opportunity to testify."

"The procurement process was an open, competitive solicitation that received multiple bids. It was a very open procurement process and we believe wholeheartedly that the best company won and we stand by that," he said.

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