Modification #04 to Contract No. HHS0100200500001C, between the Department of Health and Human Services, Office of Research and Development Coordination and Office of Public Health Emergency Preparedness and VaxGen, Inc., dated December 19, 2006

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

1

2

2. AMENDMENT/MODIFICAITON NO.

Modification 0004

3. EFFECTIVE DATE

4. REQUISITION/PURCHASE REQ. NO.

5. PROJECT NO. (If applicble)

6. ISSUED BY

DHHS/OS/OPHEP/OPHEMC
330 Independence Ave.   SW,  Room G640
Washington,  DC 20201

CODE

7. ADMINISTERED BY (If other than Item 6)

CODE

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

Vaxgen, Inc.

1000 Marina Boulevard, Suite 200

Brisbane, California 94005-1841

x

 9A. AMENDMENT OF SOLICIATION NO.

 9B. DATED (SEE ITEM 11)

x

10A. MODIFICATION OF CONTRACT/ORDER NO. HHS O100200500001C

CODE:  

FACILITY CODE:

10B. DATED (SEE ITEM 11)
        10/04/04

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

12. ACCOUNTING AND APPROPRIATION DATA (If required)

EIN :      ###-###-####       CAN :    1991535     Appropriation :    7550140    O.C.  25. 2A     $   -877,500,000.00

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 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).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

x

D. OTHER (Specify type of modification and authority)

 FAR 49.101 (f) Authorities and responsibilities.

E. IMPORTANT: Contractor

x

is not

o

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

PURPOSE:     To de-obligate the funds on the contract as described on the following page.

The funded amount is decreased by $877,500,000 from $877,500,000 to $0.

The total contract amount is decreased by $877,500,000 from $877,500,000 to $0.

The contract expiration date has been changed from 10/31/2012 to 12/19/06.

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)

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

   Brian K. Goodger

15B. CONTRACTOR/OFFEROR

15C. DATE SIGNED

16B. UNITED STATES OF AMERICA

    /s/ Brian K. Goodger           

16C. DATE SIGNED

(Signature of person authorized to sign)

(Signature of Contracting Officer)

12/19/06