Amendment No. 0027 to Contract HHSO100201000046C between ASPR-BARDA and Achaogen, Inc.
This amendment modifies the contract between the U.S. Department of Health and Human Services' ASPR-BARDA and Achaogen, Inc. to increase the total estimated cost due to updated rates for certain contract options. The amendment obligates additional funds to cover these costs, while all other terms and conditions of the original contract remain unchanged. The contractor is required to sign and return the amendment, and the period of performance continues as previously established.
Exhibit 10.2
Confidential Treatment Requested by Achaogen Inc
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AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT | 1. CONTRACT ID CODE | PAGE OF PAGES | ||||||||||||||||
1 | 2 | |||||||||||||||||
2. AMENDMENT/MODIFICATION NO. 0027 | 3. EFFECTIVE DATE See Block 16C | 4. REQUISITION/PURCHASE REQ. NO. OS195778 | 5. PROJECT NO. (If applicable)
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6. ISSUED BYCODE | ASPR-BARDA | 7. ADMINISTERED BY (If other than Item 6)CODE | ASPR-BARDA | |||||||||||||||
ASPR-BARDA | ASPR-BARDA | |||||||||||||||||
8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) | (X) | 9A. AMENDMENT OF SOLICITATION NO. | ||||||||||||||||
ACHAOGEN, INC. 1361331 |
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9B. DATED (SEE ITEM 11) | ||||||||||||||||||
X | 10A. MODIFICATION OF CONTRACT/ORDER NO. HHSO100201000046C | |||||||||||||||||
CODE1361331 | FACILITY CODE | 10B. DATED (SEE ITEM 13) 09/01/2010 | ||||||||||||||||
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS | ||||||||||||||||||
☐ | The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers | ☐ is extended | ☐ is not extended | |||||||||||||||
| Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing | |||||||||||||||||
12. ACCOUNTING AND APPROPRIATION DATA (If required) 2017.1992017.25106 Net Increase: [***] | ||||||||||||||||||
13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14. | ||||||||||||||||||
CHECK ONE | A.THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT | |||||||||||||||||
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| B.THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, | |||||||||||||||||
| C.THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: | |||||||||||||||||
X | D.OTHER (Specify type of modification and authority)
Bilateral: Mutual Agreement of the Parties and FAR Clause 52.217-7 | |||||||||||||||||
E. IMPORTANT: | Contractor | ☐ is not | ☒ is required to sign this document and return 2 copies to the issuing office. | |||||||||||||||
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.) Tax ID Number: 68-0533693 DUNS Number:   ###-###-#### The purpose of this modification is to obligate funds in the amount of [***] to allow for additional Option 1/CLIN 2 costs incurred as a result of updated rates.
A. This modification hereby results in the following increase to the total contract funding:
1. The Total Estimated Cost of the contract is hereby increased by [***], from [***]to [***].
2. The Total Fixed fee remains unchanged at [***]. Continued … | ||||||||||||||||||
Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect. | ||||||||||||||||||
15A. NAME AND TITLE OF SIGNER (Type or print) Tobin C. Schilke CFO | 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print) THOMAS P. HASTINGS | |||||||||||||||||
15B. CONTRACTOR/OFFEROR /s/ Tobin C. Schilke | 15C. DATE SIGNED 4/28/17 | 16B. UNITED STATES OF AMERICA /s/ Thomas P. Hastings | 16C. DATE SIGNED 5/4/17 | |||||||||||||||
NSN 7540-01-152-8070 |
| STANDARD FORM 30 (REV. 10-83) |
Confidential Portions of this Exhibit marked as [***] have been omitted pursuant to a request for confidential treatment and have been filed separately with the Securities and Exchange Commission.
Confidential Treatment Requested by Achaogen Inc.
CONTINUATION SHEET | REFERENCE NO. OF DOCUMENT BEING CONTINUED HHSO100201000046C/0027 | PAGE OF | |||||||
2 | 2 | ||||||||
NAME OF OFFEROR OR CONTRACTOR ACHAOGEN, INC. 1361331 | |||||||||
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ITEM NO. (A) | SUPPLIES/SERVICES (B) | QUANTITY (C) | UNIT (D) | UNIT PRICE (E) | AMOUNT (F) |
| 3. The Total Estimated Cost Plus Fixed Fee is hereby increased by [***], from [***]to [***].
B. All other terms and conditions of the contract remain unchanged. Delivery: 05/16/2017 Delivery Location Code: HHS/OS/ASPR HHS/OS/ASPR 200 C St SW WASHINGTON DC 20201 US
Appr. Yr.: 2017 CAN: 1992017 Object Class: 25106 FOB: Destination Period of Performance: 09/19/2010 to 12/31/2017
Add Item 6 as follows: |
| ASPR-17-01887- Funds to cover CLN002 (Opt1) Indirect rate adjustment on existing contract with Achaogen Contract Number HHS0100201000046C Obligated Amount: [***] | [***] |
NSN 7540-01-152-8067 |
| OPTIONAL FORM 336 (4-86) |
Confidential Portions of this Exhibit marked as [***] have been omitted pursuant to a request for confidential treatment and have been filed separately with the Securities and Exchange Commission.