Modification No. 18, effective September 11, 2019, to the CDC BioThrax Procurement Contract

Contract Categories: Business Finance - Modification Agreements
EX-10.39 5 ebs20191231exhibit1039.htm EXHIBIT 10.39 ebs20191231exhibit1039
Certain identified information has been excluded from the exhibit because it is both (i) not material and (ii) would likely cause competitive harm to the Company, if publicly disclosed. Double asterisks denote omissions. Exhibit 10.39__ AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE PAGE OF PAGES 1 2 2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable) P00018 09/11/2019 OS246121 6. ISSUED BY CODE ASPR-BARDA 7. ADMINISTERED BY (If other than Item 6) CODE ASPR-BARDA02 ASPR-BARDA US DEPT OF HEALTH & HUMAN SERVICES 200 Independence Ave., S.W. ASST SEC OF PREPAREDNESS & RESPONSE Room 640-G ACQ MANAGEMENT, CONTRACTS, & GRANTS Washington DC 20201 O’NEILL HOUSE OFFICE BUILDING Washington DC 20515 8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (x) 9A. AMENDMENT OF SOLICITATION NO. EMERGENT BIODEFENSE OPERATIONS LANSING LLC 330303 Attn: DIANA EMERGENT BIODEFENSE OPERATIONS LANS 9B. DATED (SEE ITEM 11) 3500 N MARTIN LUTHER KING JR BLVD LANSING MI ###-###-#### x 10A. MODIFICATION OF CONTRACT/ORDER NO. HHSD200201792634C 10B. DATED (SEE ITEM 13) CODE 330303 FACILITY CODE 12/08/2016 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 ACKNOWLEDGMENT 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) See Schedule 13. THIS ITEM APPLIES ONLY TO MODIFICATIONS 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 data, 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: D. OTHER (Specify type of modification and authority) E. IMPORTANT: Contractor is not, is required to sign this document and return ________ 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: [**] DUNS Number: [**] The purpose of this no-cost, administrative modification is to move $[**] from CAN 199SNS1 to CAN 1991029 as indicated in the accounting information below. This does not have any effect on overall contract funding for Item 3, which remains $[**]. Delivery Location Code: HHS HHS 200 Independence Avenue, SW Washington DC 20201 US FOB: Origin 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) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print) . Caleb W. Owen 15B. CONTRACTOR/OFFEROR 15C. DATE 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED Digitally signed by Caleb W. Owen -S SIGNED /s/ Caleb W. Owen DN: c-US, o-U.S. Government, ou-HHS, ou-OS, ou-People, cn=Caleb W. Owen -S, 0.9.2342.19200300.100.1.1=1001618335 Date: 2019.09.11 16:49:45 -04’00’ (Signature of person authorized to sign) (Signature of Contracting Officer)

STANDARD FORM 30 (Rev. 11/2016) Previous edition unusable Prescribed by GSA FAR (48 CFR) 53.243

CONTINUATION REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF SHEET HHSD200201792634C/P00018 2 2 NAME OF OFFEROR OR CONTRACTOR EMERGENT BIODEFENSE OPERATIONS LANSING LLC 330303 UNIT ITEM No. SUPPLIES/SERVICES QUANTITY UNIT PRICE AMOUNT (A) (B) (C) (D) (E) (F) Period of Performance: 01/19/2017 to 09/30/2021 Change Item 3 to read as follows (amount shown is the obligated amount): 3 Optional Line Item 0003 [**] BioThrax [**] product [**] upon date of delivery: [**] at a unit price of $[**] Quantity [**] Unit Price: $[**] Total value: $[**] Total dollar value ordered under item 3 is increased by $[**] from $[**] to $[**] Delivery Address: Contractor’s Facility Delivery is estimated to occur by NLT [**] Amount: $[**] Accounting Info: 2019.1990050.26402 Appr. Yr.: 2019 CAN: 1990050 Object Class: 26402 Funded: $[**] Amount: $[**] Accounting Info: Object Class: 26402 2019.1990050.26402 Appr. Yr.: 2019 CAN: 1990050 Funded: $[**] Amount: $[**] Accounting Info: Object Class: 26402 2019.199SNS1.26402 Appr. Yr.: 2019 CAN: 199SNS1 Funded: [**] Amount: $[**] Accounting Info: 2019.1991029.26402 Appr. Yr.: 2019 CAN: 1991029 Object Class: 26402 Funded: $[**] NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86) Sponsored by GSA FAR (48 CFR) 53.110