Amendment of Solicitation/Modification of Contract 00017, dated March 26, 2025, to Agreement, dated September 10, 2018, by and between SIGA and the Biomedical Advanced Research and Development Authority of the United States Department of Health and Human Services

EX-10.1 2 ex_807285.htm EXHIBIT 10.1 ex_807285.htm

Exhibit 10.1

 

CERTAIN INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY "[***]," HAS BEEN OMITTED BECAUSE IT IS BOTH (1) NOT MATERIAL AND (II) THE TYPE THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL.

 

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

  1. CONTRACT ID CODE PAGE OF PAGES

 

 

      1 8

2. AMENDMENT/MODIFICATION NO.

P00017

 

3. EFFECTIVE DATE

See Block 16C

4. REQUISITION/PURCHASE REQ. NO.

ASP339751

5. PROJECT NO. (If applicable)

6. ISSUED BY

CODE  

ASPR-BARDA

7. ADMINISTERED BY (If other than Item 6)

CODE

 

 

ASPR-BARDA

200 Independence Ave., S.W.

Room 640-G

Washington DC 20201

 

   

 

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

 

SIGA TECHNOLOGIES, INC. 1385150

Attn: DANIEL J. LUCKSHIRE

SIGA TECHNOLOGIES, INC.         31, EA

31, EAST 62ND STREET

NEW YORK NY 10065

(x)

9A. AMENDMENT OF SOLICITATION NO.

   
 

9B. DATED (SEE ITEM 11)

 

x

10A. MODIFICATION OF CONTRACT/ORDER NO.

HHSO100201800019C

 

   

10B. DATED (SEE ITEM 13)

09/10/2018

CODE

1385150

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 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 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 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

Net Increase: $25,625,600.00

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 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

D.         OTHER (Specify type of modification and authority) 

FAR 43.103(a) Modification by mutual agreement of the parties.

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: 13 ###-###-####

UEI: VJRNRTSL22K4

The purpose of this modification is to exercise and fully fund Option CLIN 0023, 0025, 0027, update Article G.4 Key Personnel, and update Article I.1 Federal Acquisition Regulations (FAR) (48 CFR Chapter 1) Clauses in accordance with Class Deviation (CD) No. 2025-01 from the Federal Acquisition Regulation (FAR) regarding Executive Order (EO) 14172 and EO. 14168 (CAAC Letter 2025.01 Supplement 1). The total contract funded amount is increased by $25,625,600 from [***] to [***].

 

All other terms and conditions remain unchanged.

OTA: N

Continued ...

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

Dennis E. Hruby, CSO & EVP

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

AUDREY A. GLOVER

15B. CONTRACTOR/OFFEROR

 

15C. DATE SIGNED

 

16B. UNITED STATES OF AMERICA

 

16C. DATE SIGNED

 

/s/ Dennis E. Hruby, CSO & EVP   March 25, 2025 /s/ Audrey A. Glover   March 26, 2025
(Signature of person authorized to sign)     (Signature of Contracting Officer)    
Previous edition unusable       STANDARD FORM 30 (REV. 11/2016)
        Prescribed by GSA FAR (48 CFR) 53.243
 

 

 

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED

HHSO100201800019C/P00017

PAGE         OF
   

 

 

2 8

NAME OF OFFEROR OR CONTRACTOR

SIGA TECHNOLOGIES, INC. 1385150

       

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

 

Discount Terms: HHS NET 30P

Period of Performance: 01/01/2020 to 09/09/2028

 

Add Item 18 as follows:

 

       

18

CLIN0023 - Surge Capacity – Additional procurement of parenteral (IV) formulated antiviral as bulk drug substance (BDS) * TC = [***] vials

Period of Performance: [***]

Obligated Amount: $10,240,000.00

 

Accounting Info:

2025.Q99BS25.26039 Appr. Yr.: 2025 CAN: Q99BS25 Object Class: 26039

Funded: $10,240,000.00

 

Add Item 19 as follows:

 

     

10,240,000.00

19

CLIN0025 - Surge Capacity Fill/finish final drug product (from bulk drug substance procured under CLIN0023)

Period of Performance: [***]

Obligated Amount: $15,360,000.00

 

Accounting Info:

2025.Q99BS25.26088 Appr. Yr.: 2025 CAN: Q99BS25 Object Class: 26088

Funded: $15,360,000.00

 

Add Item 20 as follows:

 

     

15,360,000.00

20

CLIN0027 - Surge Capacity - Delivery of FDP to

the SNS (from bulk drug substance procured under CLIN0023)

Period of Performance: [***]

Obligated Amount: [***]

 

Accounting Info:

2025.Q99BS25.22006 Appr. Yr.: 2025 CAN: Q99BS25 Object Class: 22006

Funded: [***]

 

      [***]
NSN 7540-01-152-8067      

OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

 

 

Base Period Cost Reimbursement CLIN

Item

Period of
Performance

Supplies/Services

Estimated Cost

Fixed Fee

Cost + Fixed
Fee (CPFF)

0001 Base

[***]

Late-Stage development activities toward FDA approval for parenteral (IV) antiviral

[***] [***] [***]

Total

(CLIN0001)

 

 

[***] [***] [***]

 

Base Period Fixed CLINs

Item

Period of Performance

Supplies/Services

Unit (# of Doses or Dose

Equivalents)

Unit Price ($)

Total ($)

0002 Base

[***]

Initial purchase and delivery of nonparenteral (oral) formulated antiviral as final drug product (FDP) to SNS

[***] [***] [***]

0003 Base

[***]

Initial procurement of parenteral (IV) formulated antiviral as bulk drug substance (BDS) *TC = 28 vials

[***] [***] [***]

0004 Base

[***]

Fill/finish of final drug product (from bulk drug substance procured under CLIN0003)

[***] [***] [***]

0005 Base

[***]

Storage of final drug product in VMI for 5 years (from bulk drug substance procured under CLIN0003) *Monthly rate TC = [***]

[***] [***] [***]

0006 Base

[***]

Delivery of FDP to the SNS (from bulk drug substance procured under CLIN0003 and Process Validation lot manufactured under CLIN0001)

[***] [***] [***]

Total

(CLINs

0002-0006)

 

 

    [***]

 

Optional Cost Reimbursement CLINs

Item

Period of

Performance

Supplies/Services

Estimated Cost

Fixed Fee

Cost + Fixed Fee (CPFF)

0007 (Option Funded)

[***]

Phase IV post-marketing commitments (nonparenteral (oral) formulation)) including [***]

[***] [***]

$14,612,790

(Funded)

0008 (Option Funded)

[***]

Phase IV Post Marketing commitments (parenteral (IV) formulation)) including [***]

[***] [***]

$3,586,806

(Funded)

Total (CLINs

0007-0008)

 

 

[***] [***] [***]

 

Optional Fixed CLINs

Item

Period of

Performance

Supplies/Services

Treatment Courses (# of Product)

Unit Price ($)

Total ($)

0009A (Option Funded)

[***]

Procurement of raw materials used in manufacturing of unmicronized API in sufficient quantity to support the production of [***] courses of nonparenteral (oral) formulated antiviral for SNS replenishment. Such raw materials may be forward processed.

363,070 (raw material)

[***]

$11,255,170

(Funded)

0009B (Option Funded)

[***]

Additional procurement of nonparenteral (oral) formulated antiviral as FDP and delivery to the SNS

121,023 (raw material)

[***]

$33,765,417

(Funded)

0009C (Option Funded)

[***]

Additional procurement of nonparenteral (oral) formulated antiviral as FDP and delivery to the SNS

121,023 (raw material)

[***]

$33,765,417

(Funded)

0009D (Option Funded)

[***]

Additional procurement of nonparenteral (oral) formulated antiviral as FDP and delivery to the SNS

121,024 (raw material)

[***]

$33,765,696

(Funded)

0010 (Option Funded)

[***]

Additional procurement of nonparenteral (oral) formulated antiviral as FDP and delivery to the SNS

363,070

[***]

$112,551,700

(Funded)

0011 (Option)

[***]

Additional procurement of nonparenteral (oral) formulated antiviral as FDP and delivery to the SNS

363,070

[***]

$112,551,700

(Funded)

0012 (Option Funded)

[***]

Additional procurement of a nonparenteral (oral) formulated antiviral as FDP and delivery to SNS

363,072

[***]

$112,552,320

(Funded)

0013 (Option Funded)

[***]

Surge Capacity – Additional procurement of parenteral (IV) formulated antiviral as bulk drug substance (BDS) *TC = [***] vials

32,000

[***]

$10,240,000

(Funded)

0014 (Option)

[***]

Surge Capacity – Storage of parenteral (IV) formulated antiviral as bulk drug substance (BDS) in VMI for 5 years (from bulk drug substance procured under CLIN0013). *Monthly rate per TC = [***]

32,000

[***] [***]

0015 (Option Funded)

[***]

Surge Capacity Fill/finish of final drug product (from bulk drug substance procured under CLIN0013)

32,000

[***]

$15,360,000

(Funded)

0016 (Option)

[***]

Surge Capacity – Storage of final drug product in VMI for 5 years (from bulk drug substance procured under CLIN0013). *Monthly rate per TC = [***]

32,000

[***] [***]

0017 (Option Funded)

[***]

Surge Capacity – Delivery of FDP to the SNS (from bulk drug substance procured under CLIN0013)

32,000

[***] [***]

0018 (Option Funded)

[***]

Surge Capacity – 

Additional

procurement of

parenteral (IV) formulated antiviral as bulk drug substance (BDS) *TC = [***] vials

32,000

[***]

$10,240,000

(Funded)

0019 (Option)

[***]

Surge Capacity – Storage of parenteral (IV) formulated antiviral as bulk drug substance (BDS) in VMI for 5 years (from bulk drug substance procured under CLIN0018). *Monthly rate per TC = [***]

32,000

[***] [***]

0020 (Option Funded)

[***]

Surge Capacity Fill/finish of final drug product from bulk drug substance procured under CLIN0018)

32,000

[***]

$15,360,000

(Funded)

0021 (Option)

[***]

Surge Capacity – Storage of final drug product in VMI for 5 years (from bulk drug substance procured under CLIN0018). *Monthly rate per TC = [***]

32,000

[***] [***]

0022 (Option Funded)

[***]

Surge Capacity – Delivery of FDP to the SNS (from bulk drug substance procured under CLIN0018).

32,000

[***]

[***]

(Funded)

0023 (Option Funded)

[***]

Surge Capacity  Additional procurement of parenteral (IV) formulated antiviral as bulk drug substance (BDS) *TC= [***] vials

32,000

[***]

$10,240,000

(Funded)

0024 (Option)

[***]

Surge Capacity –Storage of parenteral (IV) formulated antiviral as bulk drug substance (BDS) in VMI for 5 years (from bulk drug substance procured under CLIN0023). *Monthly rate per TC = [***]

32,000

[***] [***]

0025 (Option Funded)

[***]

Surge Capacity Fill/finish of final drug product (from bulk drug substance procured under CLIN0023)

32,000

[***]

$15,360,000
(Funded)

0026 (Option)

[***]

Surge Capacity – Storage of final drug product in VMI for 5 years (from bulk drug substance procured under CLIN0023). *Monthly rate per TC: [***]

32,000

[***] [***]

0027 (Option)

[***]

Surge Capacity  Delivery of FDP to the SNS (from bulk drug substance procured under CLIN0023)

32,000

[***]

[***]

(Funded)

Total (CLINs 0009A  0027)

 

 

 

 

[***]

Total Contract Value

[***]

Total Funded

[***]

 

ARTICLE G.4 KEY PERSONNEL is deleted and replaced as follows:

 

The key personnel specified in this contract are considered to be essential to work performance. At least 30 days prior to the contractor voluntarily diverting any of the specified individuals to other programs or contracts the Contractor shall notify the Contracting Officer and shall submit a justification for the diversion or replacement and a request to replace the individual. The request must identify the proposed replacement and provide an explanation of how the replacement's skills, experience, and credentials meet or exceed the requirements of the contract (including, when applicable, Human Subjects Testing requirements). If the employee of the contractor is terminated for cause or separates from the contractor voluntarily with less than thirty (30) days' notice, the Contractor shall provide the maximum notice practicable under the circumstances. The Contractor shall not divert, replace, or announce any such change to key personnel without the written consent of the Contracting Officer. The contract will be modified to add or delete key personnel as necessary to reflect the agreement of the parties.

 

The following individual(s) is/are considered to be essential to the work being performed hereunder:

 

Name

Functional Area

Dennis Hruby, Executive Vice President – Chief Scientific Officer

Principal Investigator

Emily Blum, Director, Clinical Development

Clinical Development Lead

Kristin Murray, Senior Vice President, Regulatory and Quality

Quality Assurance Lead

Tove' Bolken, Senior Vice President, Chief Supply Chain Officer

Supply Chain Lead

Paul Long, Senior Director, Regulatory Affairs

Regulatory Lead

Kady Honeychurch, Director, Project Management

Program Management

George Wong, Vice President, Drug Development and Technical Operations

Manufacturing Lead

[***]

Pharmacovigilance Lead

 

ARTICLE I.1 FEDERAL ACQUISITION REGULATIONS (FAR) (48 CFR CHAPTER 1) CLAUSES

 

In accordance with Class Deviation (CD) No. 2025-01 from the Federal Acquisition Regulation (FAR) Regarding Executive Order (EO) 14173 and EO. 14168. (CAAC Letter 2025.01 Supplement 1), the following clauses shall be removed and added to this Contract and enforced if applicable:

 

Removed:

 

 

52.222-21 Prohibition of Segregated Facilities

 

52.222-26 Equal Opportunity

 

52.222-29 Notification of Visa Denial

 

Added (Enforced if applicable):

 

 

52.204-8, Annual Representations and Certifications (JAN 2025) (DEVIATION FEB 2025)

 

52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services (MAY 2024) (DEVIATION FEB 2025)

 

52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Products and Commercial Services (JAN 2025) (DEVIATION FEB 2025)

 

52.213-4, Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services) (JAN 2025) (DEVIATION FEB 2025)

 

52.222-6 Construction Wage Rate Requirements (AUG 2018) (DEVIATION FEB 2025)

 

52.222-9 Apprentices and Trainees (JULY 2005)

 

52.222-11 Subcontracts (Labor Standards) (MAY 2014) (DEVIATION FEB 2025)

 

52.222-12 Contract Termination—Debarment (MAY 2014) (DEVIATION FEB 2025)

 

52.244-6, Subcontracts for Commercial Products and Commercial Services (JAN 2025) (DEVIATION FEB 2025)

 

All other terms and conditions of this contract remain unchanged and in full force and effect.

 

END OF MODIFICATION P00017 to HHSO100201800019C