Current Assets

EX-10.1 2 a11720exv10w1.txt EXHIBIT 10.1 EXHIBIT 10.1 AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE PAGE OF PAGES J 1 3 2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 01-Jun-2005 4. REQUISITION/PURCHASE REQ. NO. N00421-JMAR/SAL 5. PROJECT NO.(If applicable) 6. ISSUED BY CODE N00421 NAVAL AIR WARFARE CENTER AD (PAX) CODE 25245 BLDG 441 21583 BUNDY ROAD PATUXENT RIVER MD 20670 7. ADMINISTERED BY (If other than item 6) CODE S0701A DCM HARTFORD 130 DARLIN STREET EAST HARTFORD CT 06108-3234 8. NAME AND ADDRESS OF CONTRACTOR (No. Street, County, State and Zip Code) JMAR/SAL NANOLITHOGRAPHY INC. ROBERT SELZER 21 GREGORY DRIVE SOUTH BURLINGTON VT 05403 9A. AMENDMENT OF SOLICITATION NO. 9B. DATED (SEE ITEM 11) [X] 10A. MOD, OF CONTRACT/ORDER NO. N00421-02-D-3189 [X] 10B. DATED (SEE ITEM 13) 27- Mar-2002 CODE 1XPH2 FACILITY 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 Other [ ] is extended. [ ] is not extended Offer 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 acknowledge 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 telegramor letter provided each telegramor 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) 13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS ORDERS IT MODIFIES THE CONTRACT ORDER NO. AS DESCRIBED IN ITEM 14. 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 PAR 43.103(a) mutual agreement of both parties. E. IMPORTANT: Contractor [ ] is not [X] 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.) Modification Control Number: briscoem056388 The purpose of this modification is to increase the contract ceiling and to extend the period of performance. 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) /s/ ROBERT A. SELZER, SR VP TECHNOLOGY -------------------------------------- 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print) /s/ R. SUE RIFFE ----------------------------------------- TEL EMAIL 15B. CONTRACTOR/OFFEROR /s/ ROBERT A. SELZER - ----------------------------------------- (Signature of person authorized to sign) 15C. DATE SIGNED 20 JUN 2005 16B. UNITED STATES Of AMERICA BY /s/ R. Sue Riffe ------------------------------------- (Signature of Contracting Officer) 16C. DATE SIGNED 28 JUN 05 EXCEPTION TO SF 30 30-105-04 STANDARD FORM 30 (Rev. 10-83) APPROVED BY OIRM 11-84 Prescribed by GSA FAR (48 CFR) 53.243 N00421-02-D-3189 Page 2 of 3 SECTION SF 30 BLOCK 14 CONTINUATION PAGE SUMMARY OF CHANGES SECTION A - SOLICITATION/CONTRACT FORM The total cost of this contract was increased by $7,580,000.00 from $9,999,999.00 to $17,579,999.00. SECTION B - SUPPLIES OR SERVICES AND PRICES CLIN0001 The CLIN extended description has changed from Develop, design, and provide semiconductor chips and related Point X-Ray Lithography Technology, material and services to Develop, design, and provide semiconductor chips and related Point X-Ray Lithography Technology, material and services.. The unit price amount has increased by $10,745,759.00 from $6,834,240.00 to $17,579,999.00. The total cost of this line item has increased by $10,745,759.00 from $6,834,240.00 to $17,579,999.00. CLIN 0004 The estimated/max cost has decreased by $2,931,258.00 from $2,931,258.00 to $0.00. The fixed fee has decreased by $234,501.00 from $234,501.00 to $0.00. The total cost of this line item has decreased by $3,165,759.00 from $3,165,759.00 to $0.00. SECTION F - DELIVERIES OR PERFORMANCE The following Delivery Schedule item for CLIN 0001 has been changed from:

To:

The following Delivery Schedule item for CLIN 0002 has been changed from:

N00421-02-D-3189 Page 3 of 3 To:

The following Delivery Schedule item for CLIN 0003 has been changed from:

To:

SECTION G - CONTRACT ADMINISTRATION DATA The following have been added by full text: 5252 ###-###-#### INVOICES FOR CLASSIFIED CONTRACTS (JUL 1992) (NAPS) To prevent disclosure of classified information, invoices submitted under this contract shall be so prepared that the supplies or services covered thereby can be identified only by reference to the contract. For example, the invoices may state "Contract N _ Item 0001, 100 EA @$1.00 = $100.00" The security classification shown on the contract shall not appear on the invoice. The following have been deleted: 5252 ###-###-#### Invoices for Classified Contracts (Jul 1992) JUL 1992 (End of Summary of Changes)