PAGE OF PAGES 1 | 4
Exhibit 10.32
.OMB Approval 2700-0042
| AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT | 1. CONTRACT ID CODE N/A | PAGE OF PAGES 1 | 4 | ||||||||||||
| 2. AMENDMENT/MODIFICATION NO. 0003 | 3. EFFECTIVE DATE October 31, 2014 | 4. REQUISITION/PURCHASE REQ. NO. | 5. PROJECT NO. (If applicable) N/A | |||||||||||
| 6. ISSUED BY | CODE | 7. ADMINISTERED BY (If other than Item 6) | CODE | N/A | ||||||||||
| National Institutes of Health National Institute of Allergy and Infectious Diseases DEA, Office of Acquisitions Room 3214, MSC 7612 6700-B Rockledge Drive Bethesda, MD 20892-7612 |
MID RCB-B | |||||||||||||
| 8. NAME AND ADDRESS OF CONTRACTOR (No. Street, County, State and ZIP: Code) | (¨) | 9A. AMENDMENT OF SOLICITATION NO. | ||||||||||||
| Pfenex, Inc. 10790 Roselle Street San Diego, CA 92121 | 9B. DATED (SEE ITEM 11)
| |||||||||||||
| X | 10A. MODIFICATION OF CONTRACT/ORDER NO. HHSN272201200033C | |||||||||||||
| 10B. DATED (SEE ITEM 13) | ||||||||||||||
| CODE | FACILITY CODE | 09/27/2012 | ||||||||||||
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 one (1) copy 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 ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATA 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 data 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 | ||
| X | C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: Mutual Agreement of the Parties | |
| D. OTHER (Specify type of modification and authority)
|
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.)
PURPOSE: The purpose of this modification is to extend the Period of Performance through December 31, 2015 and update various articles.
| TOTAL FUNDS CURRENTLY ALLOTTED: $2,180,144 (Unchanged) TOTAL ESTIMATED COST: $2,180,144 (Unchanged) | FUNDED THROUGH DATE: December 31, 2015 (Changed) COMPLETION DATE: December 31, 2015 (Changed) |
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) | |||||
| Patrick Lucy, Chief Business Officer | Michael P. Welsh Contracting Officer, MID RCB-B, OA, DEA, NIAID, NIH, DHHS | |||||
| 15B. CONTRACTOR/OFFEROR | 15C. DATE SIGNED | 16B. UNITED STATES OF AMERICA | 16C. DATE SIGNED | |||
| /s/ Patrick Lucy (Signature of person authorized to sign) | 10-31-14 | BY /s/ Aileene Mitchellford (Signature of Contracting Officer)
| 10-31-14 | |||
| NSN 7540-01-152-8070 PREVIOUS EDITION UNUSABLE | 30-105 Computer Generated | STANDARD FORM 30 (REV. 10-83) Prescribed by GSA |
| Contract No: HHSN272201200033C | Modification No: 03 | Page 2 of 4 |
The period of performance listed on the face page of the contract (SF-26) in Block 15A is changed as follows: “09/27/2012 – 12/31/2015”
ARTICLE B.2. ESTIMATED COST – OPTION, paragraph e., is hereby modified as follows:
| e. | Payments shall be made from the PRISM / NBS Line Item Numbers as follows: |
| PRISM /NBS Line Item No. | Option / Increment Description | PRISM / NBS Line Item Period of Performance | Funded Amount | |||
| Line 1 | Base Period – Vaccine Technologies to Advance Next Generation Anthrax Vaccines | 09/27/2012 – 12/31/2015 | $2,180,144 |
ARTICLE F.2. DELIVERIES, paragraph c., is hereby modified as follows:
| c. | Copies of the Reports shall be sent to the following addresses: |
| Recipient | Address | |
| NIAID Contract Officer Representative | Patrick Sanz, Ph.D. Vaccines and other Biological Products Development Section Office of Biodefense Research Affairs (OBRA) DMID/NIAID/NIH 5601 Fishers Lane, Room 8G49, 9825 Rockville, MD 20892-9825 | |
| NIAID Contracting Officer | National Institutes of Health, DHHS National Institute of Allergy and Infectious Diseases Division of Extramural Activities, OA 5601 Fishers Lane, Room 3B49, 9821 Rockville, MD 20892-9821 | |
| NIAID Office of Policy for Extramural Research Administration (OPERA) | National Institutes of Health Office of Policy for Extramural Research Administration (OPERA) Extramural Inventions and Technology Resource Branch 6705 Rockledge Drive, Room 1040-A, MSC 7980 Bethesda, MD 20892-7980 |
ARTICLE I.1 General Clauses For A Cost-Reimbursement Research and Development Contract, paragraph a., is modified to update the following clause(s):
| 52.202-1 | Nov 2013 | Definitions (Over the Simplified Acquisition Threshold) | ||
| 52.203-5 | May 2014 | Covenant Against Contingent Fees (Over the Simplified Acquisition Threshold) | ||
| 52.203-7 | May 2014 | Anti-Kickback Procedures (Over the Simplified Acquisition Threshold) | ||
| 52.203-8 | May 2014 | Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (Over the Simplified Acquisition Threshold) | ||
| 52.203-10 | May 2014 | Price or Fee Adjustment for Illegal or Improper Activity (Over the Simplified Acquisition Threshold) | ||
| 52.204-10 | Jul 2013 | Reporting Executive Compensation and First-Tier Subcontract Awards ($25,000 or more) | ||
| 52.209.6 | Aug 2013 | Protecting the Government’s Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment (Over $30,000) |
HHS-556
| Contract No: HHSN272201200033C | Modification No: 03 | Page 3 of 4 |
| 52.216-7 | Jun 2013 | Allowable Cost and Payment | ||
| 52.219-8 | May 2014 | Utilization of Small Business Concerns (Over the Simplified Acquisition Threshold) | ||
| 52.219-9 | Jul 2013 | Small Business Subcontracting Plan (Over $650,000) | ||
| 52.225-1 | May 2014 | Buy American - Supplies | ||
| 52.232-23 | May 2014 | Assignment of Claims | ||
| 52.233-1 | May 2014 | Disputes | ||
| 52.222-35 | Jul 2014 | Equal Opportunity for Veterans ($100,000 or more) | ||
| 52.222-36 | Jul 2014 | Equal Opportunity for Workers with Disabilities | ||
| 52.222-37 | Jul 2014 | Employment Reports on Veterans ($100,000 or more) | ||
| 52.222-54 | Aug 2013 | Employee Eligibility Verification (Over the Simplified Acquisition Threshold) | ||
| 52.227-11 | May 2014 | Patent Rights – Ownership by the Contractor | ||
| 52.232-17 | May 2014 | Interest (Over the Simplified Acquisition Threshold | ||
| 52.232-23 | May 2014 | Assignment of Claims | ||
| 52.232-33 | Jul 2013 | Payment by Electronic Funds Transfer--System for Award Management | ||
| 52.233-1 | May 2014 | Disputes | ||
| 52.225-1 | May 2014 | Buy American - Supplies | ||
| 52.227-14 | May 2014 | Rights in Data - General | ||
| 52.244-6 | Jul 2014 | Subcontracts for Commercial Items |
ARTICLE I.3 Additional Contract Clauses, paragraphs a. and b., are hereby modified to update the following clause(s):
| a. | FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER1) CLAUSES: |
| 13. | FAR Clause 52.230-2, Cost Accounting Standards (May 2014). |
| b. | DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION REGULATION (HHSAR) (48 CHAPTER 3) CLAUSES: |
| 3. | HHSAR Clause 352.231-70, Salary Rate Limitation (August 2012). |
| Note: P.L. 113-76 sets forth the Salary Rate Limitation at the Executive Level II Rate, effective January 17, 2014 |
| See the following website for Executive Schedule rates of pay: http://www.opm.gov/oca/ . |
(For current year rates, click on Salaries and Wages/Executive Schedule/Rates of Pay for the Executive Schedule. For prior year rates, click on Salaries and Wages/select Another Year at the top of the page/Executive Schedule/Rates of Pay for the Executive Schedule. Rates are effective January 1 of each calendar year unless otherwise noted.)
FAR (48 CFR) 53.243
HHS-556
