Amendment No. 8 Contract Award issued by the Biomedical Advanced Research and Development Authority of the United Sates Department of Health and Human Services, dated September 17, 2021
Exhibit 10.1
CERTAIN INFORMATION IDENTIFIED BY BRACKETED ASTERISKS ([* * *]) HAS BEEN OMITTED FROM THIS EXHIBIT BECAUSE IT IS BOTH NOT MATERIAL AND WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED.
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
PAGE OF PAGES
14
2. AMENDMENT/MODIFICATION NO.5. PROJECT NO. (If applicable)
P00008
6. ISSUED BY
CODE
7. ADMINISTERED BY (If other than Item 6)
CODE
ASPR-BARDA02
US DEPT OF HEALTH & HUMAN SERVICESUS DEPT OF HEALTH & HUMAN SERVICES ASST SEC OF PREPAREDNESS & RESPONSEASST SEC OF PREPAREDNESS & RESPONSE ACQ MANAGEMENT, CONTRACTS, & GRANTSACQ MANAGEMENT, CONTRACTS, & GRANTS O'NEILL HOUSE OFFICE BUILDINGO'NEILL HOUSE OFFICE BUILDING
Washington DC 20515Washington DC 20515
8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)
9A. AMENDMENT OF SOLICITATION NO.
ALTIMMUNE, INC. 1305044 ALTIMMUNE, INC.
910 CLOPPER RD STE 201S GAITHERSBURG MD 208781361
9B. DATED (SEE ITEM 11)
10A. MODIFICATION OF CONTRACT/ORDER NO.
HHSO100201600008C
CODE
1305044
10B. DATED (SEE ITEM 13)
07/27/2016
FACILITY CODE
x
(x)
HHS/OS/ASPR/BARDA
4. REQUISITION/PURCHASE REQ. NO.
OS283373
3. EFFECTIVE DATE
See Block 16C
1. CONTRACT ID CODE
| 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 Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR
OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.
| 12. | ACCOUNTING AND APPROPRIATION DATA (If required) |
2021.1992021.25106
Net Increase:$[***]
CHECK ONE | A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A. |
| B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b). |
X | C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: FAR 43.103(a) - By mutual agreement of the parties |
| D. OTHER (Specify type of modification and authority) |
x
E. IMPORTANT:Contractor
is not
is required to sign this document and return 1
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:20 ###-###-#### DUNS Number ###-###-####
The purpose of this modification is to:
Article B.2. Estimated Cost and Fixed Fee and Article G.7 Indirect Cost Rate
Total Obligated Amount $[***]
Appr. Yr.: 2021 CAN: 1992021 Object Class: 25106
Continued ...
Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect.
15A. NAME AND TITLE OF SIGNER (Type or print) Will Brown, Chief Financial Officer | 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print) KATHLEEN Y. SEARS | ||
15B. CONTRACTOR/OFFEROR /s/ Will Brown  (Signature of person authorized to sign) | 15C. DATE SIGNED Sep 16, 2021 | 16B. UNITED STATES OF AMERICA /s/ Kathleen Y. Sears (Signature of Contracting Officer) | 16C. DATE SIGNED Sep 17, 2021 |
Previous edition unusable
STANDARD FORM 30 (REV. 11/2016)
Prescribed by GSA FAR (48 CFR) 53.243
REFERENCE NO. OF DOCUMENT BEING CONTINUED
CONTINUATION SHEET HHSO100201600008C/P00008
PAGEOF
24
NAME OF OFFEROR OR CONTRACTOR
ALTIMMUNE, INC. 1305044
ITEM NO. (A) | SUPPLIES/SERVICES (B) | QUANTITY (C)(D | UNIT ) | UNIT PRICE (E) | AMOUNT (F) |
13 | Period of Performance: 07/27/2016 to 12/31/2021 Add Item 13 as follows: Additional funds added to Base - CLIN0001 for FY2016-FY2019 Indirect Rate True-Up Obligated Amount: $[***] | | | | $[***] |
NSN 7540-01-152-8067OPTIONAL FORM 336 (4-86)
Sponsored by GSA FAR (48 CFR) 53.110
Contract No. HHSO100201600008C Modification P00008 ALTIMMUNE | Continuation Sheet Block 14 | Page 3 of 4 |
Beginning with the effective date of this modification, the Government and the Contractor mutually agree to the following:
ARTICLE B.2. ESTIMATED COST AND FIXED FEE – is revised as follows:
| a. | The total estimated cost of the base performance segment (CLIN 0001) is $[***] |
| b. | The total fixed fee of the base performance segment is $[***]. The fixed fee shall be paid subject to the Allowable Cost and Payment and Fixed Fee Clauses. |
| c. | The total amount of the base performance segment, CLIN 0001, represented by the sum of the total estimated cost plus fixed fee is $[***]. The total amount for the base performance segment shall not exceed $[***]. The total amount obligated by the Government for the base segment of the contract shall not exceed $[***] and the Government will not be responsible for any Contractor incurred costs that exceed this amount unless a modification to the contract is signed by the Contracting Officer which expressly increases this amount. |
| d. | It is estimated that the amount currently allotted will cover performance of the contract through December 31, 2021. |
Additional funding for the indirect rate true-up for FY2016 - FY2019 in the amount of $3,103,389.
CLIN | Estimated Period of Performance | Supplies/ Services | Estimated Cost | Estimated Fixed Fee | Total Estimated Cost Plus Fixed Fee |
0001 | July 27, 2016 – December 31, 2021 | Perform activities to support the conduct of a Phase 1a clinical study and demonstrate safety and immunogenicity in accordance with Article C.1 Statement of Work Study reports, development reports, IND | $[***] | $[***] | $[***] |
0001 True –Up Funding | July 27, 2016 – September 30, 2021 | Perform activities to support the conduct of a Phase 1a clinical study and demonstrate safety and immunogenicity in accordance with Article C.1 Statement of Work Study reports, | $[***] (True-Up Funding) | $0 | $[***] |
Contract No. HHSO100201600008C Modification P00008 ALTIMMUNE | Continuation Sheet Block 14 | Page 4 of 4 |
| | development reports, IND | | | |
Total: | | | $[***] (Increased by $[***]) | $[***] | $[***] (Increased by $[***]) |
Total Obligated Amount: $ [***]
ARTICLE G.7. INDIRECT COST RATE is revised as follows to include the table below:
Any indirect costs over and above the below rate ceilings shall not be reimbursed under this contract.
BASE CLIN 0001 | FY 2016 | FY 2017 | FY 2018 | FY 2019 |
Fringe | [***]% | [***]% | [***]% | [***]% |
Indirect | [***]% | [***]% | [***]% | [***]% |
End of Modification P00008
All other terms and conditions of the contract remain in full force and effect.
