Amendment No. 6 to NIH Contract NO1-HB-07148 with Gen-Probe, Inc.

Summary

This amendment modifies the contract between the National Institutes of Health (NIH), National Heart, Lung, and Blood Institute, and Gen-Probe, Inc. The changes include appointing Dr. Sherrol McDonough as the new Principal Investigator, updating certain contract articles to reflect current public laws regarding funding restrictions, salary limitations, and press releases, and confirming that the contract amount and expiration date remain unchanged. Both parties have agreed to these updates, which are effective as of July 1, 2002.

EX-10.33 3 a88375orexv10w33.txt EXHIBIT 10.33 . . . EXHIBIT 10.33 1. CONTRACT ID NO. PAGE OF PAGES AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT NO1-HB-07148 1 2 2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (if applicable) Six (6) See Block 16C N/A 6. ISSUED BY CODE 7. ADMINISTERED BY (if other than item 6) CODE National Institutes of Health National Heart, Lung, and Blood Institute BDR Contracts Section, COB, DEA, NHLBI 6701 Rockledge Drive (RKL2), MSC 7902 AIIN: 268907148 Bethesda, MD 20892-7902 OMB No. 0990-0115 8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (X) 9A. AMENDMENT OF SOLICITATION 9B. DATED (SEE ITEM 13) 10A. MODIFICATION OF CONTRACT/ORDER NO. Gen-Probe, Inc. 10210 Genetic Center Drive NO1-HB-07148 San Diego, California 92121-4362 10B. DATED (SEE ITEM 13) CODE FACILITY CODE January 1, 2000 11. THIS ITEM 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. Offerors 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 sub separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PL 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 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 sp 12. ACCOUNTING AND APPROPRIATION DATA (if required) O.C. 25.55 Doc. No. 300N1HB07148A DUNS ###-###-#### EIN: 1-33-0044608-A2 13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS, IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14. (X) 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 NUMBER 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: (X) FAR 1.602-1 and ARTICLE G.2. D. OTHER (Specify type of modification and authority) E. IMPORTANT: Contract [ ] is not, [X] is required to sign this document and return 2 copies to the issuing office. or 14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.) PURPOSE: To name a replacement for the Principal Investigator, and to update Schedule Articles. AMOUNT: $7,752,879 (UNCHANGED) CONTRACT TYPE: Cost Reimbursement (UNCHANGED) EXPIRATION DATE: June 30, 2004 (UNCHANGED) Except as provided herein, all terms and conditions of the document referenced 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) H.L. NORDHOFF CEO (STAMP) Linda A. Bindseil 15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED /s/ H.L. NORDHOFF CEO /s/ LINDA A. BINDSEIL 7/1/02 - -------------------------------------------- --------------------------------- (Signature of person authorized to sign.) (Signature of Contracting Officer) NSN 7540-01-152-8070 30-105 STANDARD FORM 30 (REV. 10-8 PREVIOUS EDITION UNUSABLE Prescribed by GS FAR (48 CFR) 53.2

CONTRACT NO. NO1-HB-07148 MODIFICATION NO. 06 PAGE 2 THE GOVERNMENT AND THE CONTRACTOR MUTUALLY AGREE AS FOLLOWS: 1. ARTICLE G.2. KEY PERSONNEL, is revised to replace "Larry Mimms, Ph.D." with "Dr. Sherrol McDonough" as the Principal Investigator. 2. ARTICLE H.4. CONTINUED BAN ON FUNDING OF HUMAN EMBRYO RESEARCH, paragraph b. is updated to add: b. PUBLIC LAW AND SECTION NO. FISCAL YEAR PERIOD COVERED P.L. 107-116 Section ###-###-#### 10/01/01 - 9/30/02 3. ARTICLE H.5. NEEDLE EXCHANGE, paragraph b. is updated to add: b. PUBLIC LAW AND SECTION NO. FISCAL YEAR PERIOD COVERED P.L. 107-116 Section ###-###-#### 10/01/01 - 09/30/02 4. ARTICLE H.8. SALARY RATE LIMITATION LEGISLATION PROVISIONS, paragraph b. is updated to add: b. PUBLIC LAW AND SECTION NO. FISCAL YEAR SALARY LIMITATION P.L. 107-116 Section ###-###-#### $166,700 5. ARTICLE H.10. PRESS RELEASES, paragraph b. is updated to add: b. PUBLIC LAW AND SECTION NO. FISCAL YEAR PERIOD COVERED P.L. 107-116 Section ###-###-#### 10/1/01 - 09/30/02