Contract modification No. 38, dated April 3, 2017, to the contract by and between the Registrant and the Biomedical Advanced Research and Development Authority of the United States Department of Health and Human Services dated February 16, 2011, as amended

 

 5. PROJECT NO. (if applicable)

 

7. ADMINISTERED BY (If other than Item 6)

ASPR-BARDA

200 Independence Ave., S.W.

Room 640-G

Washington DC 20201

ASPR-BARDA

330 Independence Ave, SW, Rm G640

Washington DC 20201

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

CHIMERIX, INC. 1377270

CHIMERIX, INC. 2505 MERIDIAN P

2505 MERIDIAN PKWY STE 340

DURHAM NC ###-###-####

 

 

 9B. DATED (SEE ITEM 11)

 

 

 10A. MODIFICATION OF CONTRACT/ORDER NO.

 HHSO100201100013C

 

 10B. DATED (SEE ITEM 13)

02/16/2011

CODE

1377270

 

o   The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers o  is extended. o 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 telegram 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 telegram or letter, provided each telegram or letter 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)

 N/A.

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 date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

 

D. OTHER (Specify type of modification and authority)

Bilateral: Mutual Agreement of the Parties.

E. IMPORTANT: Contractor o  is not. x  is required to sign this document and return            0    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: 33-0903395

DUNS Number: 121785997

A. The purpose of this modification is to incorporate the following changes into the

contract:

1. Under Contract Number HHS0100201100013C in SECTION G - CONTRACT ADMINISTRATION DATA,

under Article G.10. Government Property, the following is hereby added as Paragraph 4. and

titled "Disposition Instructions" as follows :

 4. Disposition Instructions

Continued . . .

15A. NAME AND TITLE OF SIGNER (Type or print)

 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

REFERENCE NO. OF DOCUMENT BEING CONTINUED

HHSO100201100013C/0038

NAME OF OFFEROR OR CONTACTOR

CHIMERIX, INC. 1377270

 

Title for three 100 kg scale CMX00l final bulk drug substance (BDS) engineering

batches under CLIN 0004 Only under Contract Number HHSO100201100013C that are no

longer needed by the Government and have no commercial market value will hereby vest

with the Contractor.

2. In signing this no cost bilateral modification, the Contractor hereby certifies

for both Chimerix and any of its subcontractors at any tier that the three 100 kg

scale CMX00l final bulk drug substance (BOS) engineering batches under CLIN 0004

Only under Contract Number HHSO100201100013C that are no longer needed by the

Government and have no commercial value that the Government will be turning

Title over to the Contractor will not be repurposed for use under any efforts nor

Disposed of in any methods that are prohibited by any federal, state and local laws

and regulations and will not result in any costs being incurred under both Contract

Number HHS0100201100013C and under any other U.S. Government contracts and in

signing this no cost bilateral modification, the Contractor also hereby certifies

for both Chimerix and any of its subcontractors at any tier that the three 100 kg

scale CMX00l final bulk drug substance (BDS) engineering batches under CLIN 0004

Only under Contract Number HHSO100201100013C that are no longer needed by

Government and have no commercial market value that the Government will be turning

title over to the Contractor will not be repurposed for the performance of any other

efforts that are under the scope of Contract Number HHSO100201100013C nor under any

other Government contracts by either Chimerix or any of its subcontractors at any

tier and will not result in any costs being incurred under both Contract Number

HHSO100201100013C and under any other U.S. Government contracts.

3. The total amount, scope and period of performance of all other CLINs that are

currently being performed under the contract remain unchanged. This modification

does not exercise any unexercised Option CLINs under the contract and does not

authorize any performance of efforts under any unexercised Option CLINs under the

contract. In addition, the total amount, scope and period of performance of all

unexercised Option CLINs under the contract remain unchanged. This modification

also confirms that all activities under the base period of performance CLIN 0001

were completed as of 31 May 2013 and confirms that all activities under the Option

l/CLIN 0002 period of performance were completed as of 30 April 2015.

B. This is a no cost bilateral modification. All other terms and conditions of

Contract Number HHSO100201100013C remain unchanged.

Period of Performance: 02/16/2011 to 06/30/2017