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Clinical Supply Agreement for the United States

Clinical Supply Agreement Template for United States

A Clinical Supply Agreement is a legally binding contract governed by U.S. federal and state laws that establishes the terms and conditions for the manufacture, supply, and delivery of investigational products for clinical trials. This agreement ensures compliance with FDA regulations, GMP requirements, and other applicable healthcare laws while defining quality standards, testing procedures, delivery specifications, and pricing terms between the sponsor and the supplier.

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What is a Clinical Supply Agreement?

A Clinical Supply Agreement is essential when a company needs to secure reliable manufacturing and supply of investigational products for clinical trials in the United States. This agreement addresses critical aspects such as quality standards, regulatory compliance, manufacturing processes, testing requirements, and supply chain management. It ensures adherence to FDA regulations, GMP requirements, and other applicable healthcare laws while protecting both parties' interests through clearly defined terms and conditions.

What sections should be included in a Clinical Supply Agreement?

1. Parties: Identification of contracting parties, including legal names and addresses

2. Background/Recitals: Context of the agreement, including purpose of clinical trial and supply arrangement

3. Definitions: Key terms used throughout the agreement

4. Supply Obligations: Core obligations regarding supply of clinical materials, including quantities, specifications, and timelines

5. Quality Requirements: GMP compliance, quality standards, testing requirements

6. Delivery and Storage: Shipping terms, storage conditions, handling requirements

7. Price and Payment: Pricing structure, payment terms, invoicing procedures

8. Regulatory Compliance: Compliance with applicable laws, regulations, and guidelines

9. Confidentiality: Protection of confidential information

10. Term and Termination: Duration of agreement and termination provisions

What sections are optional to include in a Clinical Supply Agreement?

1. Technology Transfer: Procedures for transfer of manufacturing technology when supplier needs to receive manufacturing technology from sponsor

2. Equipment: Terms regarding specialized equipment provision and use when specific equipment must be provided by either party

3. Third Party Manufacturers: Terms governing use of subcontractors when supplier intends to use third-party manufacturers

4. Safety Stock: Requirements for maintaining backup supply when continuous supply is critical

What schedules should be included in a Clinical Supply Agreement?

1. Product Specifications: Detailed technical specifications of clinical supplies

2. Quality Agreement: Detailed quality control and assurance requirements

3. Pricing Schedule: Detailed pricing structure and terms

4. Manufacturing Process: Detailed manufacturing procedures and requirements

5. Storage and Shipping Requirements: Detailed requirements for storage and shipping conditions

6. Testing Procedures: Detailed procedures for product testing and acceptance

7. Regulatory Certificates: Copies of relevant regulatory certifications

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Ƶ

Document Type

Supply Agreement

Cost

Free to use
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Industries

Food, Drug, and Cosmetic Act (FDCA): Primary federal law governing pharmaceutical products, including clinical supplies, their manufacturing, and distribution in the United States.

Code of Federal Regulations Title 21: Comprehensive regulations specific to food and drugs, including detailed requirements for clinical trials, manufacturing, and quality control.

Good Manufacturing Practice (GMP): Standards for pharmaceutical manufacturing, ensuring product quality and consistency in production.

Public Health Service Act: Federal legislation governing biological products and public health services, including clinical research.

HIPAA: Regulations protecting patient privacy and security of health information in clinical trials.

21 CFR Part 312: Regulations specific to Investigational New Drug Applications and clinical trial conduct.

21 CFR Part 50: Requirements for protection of human subjects in clinical trials.

21 CFR Part 54: Financial disclosure requirements for clinical investigators.

21 CFR Part 11: Standards for electronic records and signatures in clinical trials and pharmaceutical operations.

Drug Supply Chain Security Act: Requirements for tracking and tracing pharmaceutical products through the supply chain.

21 CFR Part 210 & 211: Specific requirements for manufacturing, processing, packing, and holding of pharmaceutical products.

Uniform Commercial Code: State-adopted regulations governing commercial transactions, including contracts for goods.

Export Administration Regulations: Federal regulations governing the export of pharmaceutical products and clinical supplies.

Environmental Protection Agency Requirements: Environmental regulations affecting pharmaceutical manufacturing and waste disposal.

Patent Laws: Federal laws protecting intellectual property rights in pharmaceutical development and manufacturing.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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