Amendment of Solicitation/Modification of Contract 00019, dated July 20, 2020, to Agreement, dated May 13, 2011 by and between SIGA andthe Biomedical Advanced Research and Development Authorityof the United States Department of Health and HumanServices (certain portions of thisexhibit have been omitted pursuant to Rule 601(b)(10) of Regulation S-K. The omitted information is (i) not material and (ii) would likely cause competitive harm to the registrant if publicly disclosed)
Exhibit 10.2 | ||||||||||||
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT | 1. CONTRACT ID CODE | PAGE OF PAGES | ||||||||||
1 | 4 | |||||||||||
2. AMENDMENT/MODIFICATION NO. P00019 | 3. EFFECTIVE DATE See Block 16C | 4. REQUISITION/PURCHASE REQ. NO. | 5. PROJECT NO. (If applicable) | |||||||||
6. ISSUED BYCODE | ASPR-BARDA | 7. ADMINISTERED BY (If other than Item 6) | CODE | |||||||||
ASPR-BARDA 200 Independence Ave., S.W. Room 640-G Washington DC 20201 |
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8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)
SIGA TECHNOLOGIES, INC. 1385150 Attn: Daniel Luckshire SIGA TECHNOLOGIES, INC. 35 E 6 35 E 62ND ST NEW YORK NY 100658014
| (X) | 9A. AMENDMENT OF SOLICITATION NO.
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9B. DATED (SEE ITEM 11)
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X | 10A. MODIFICATION OF CONTRACT/ORDER NO. HHSO100201100001C | |||||||||||
10B. DATED (SEE ITEM 13) 05/13/2011 | ||||||||||||
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. 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 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). | ||||||||||||
X | C.THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: FAR 52.243-2 Changes - Cost Reimbursement, Alternate I | |||||||||||
D.OTHER (Specify type of modification and authority) | ||||||||||||
E. IMPORTANT:Contractor☐ is not☒ 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.) Tax ID Number: 13 ###-###-#### DUNS Number: 932651516 Modification 19 accomplishes the following no-cost administrative actions: 1.IAW with Section C.1, Section F.1 Period of Performance for Base CLINS 0007 and 0008 PoP are extended as indicated in Attachment 1. 2.IAW with Section C.7, Section F.1 Period of Performance for Option CLINS 0007 and 0008 PoP is extended from 06/28/2016 through 09/20/2020 to 06/28/2016 through 12/09/2022 as indicated in Attachment 1. 3.Revises Article G.1 changing the Contracting Officer from George J. Keane, Jr. to John K. Warner. 4.Revises Article G.2 changing the Contracting Officer's Representative from David Simon, 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) Dennis E. Hruby, CSO | 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print) JOHN K. WARNER | |||||||||||
15B. CONTRACTOR/OFFEROR
/s/ Dennis E. Hruby (Signature of person authorized to sign) | 15C. DATE SIGNED 20 Jul 2020 | 16B. UNITED STATES OF AMERICA
/s/ John K. Warner (Signature of Contracting Officer) | 16C. DATE SIGNED 07/20/2020 | |||||||||
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 HHSO100201100001C/P00019 | PAGE OF | |||||
2 | 4 | ||||||
NAME OF OFFEROR OR CONTRACTOR SIGA TECHNOLOGIES, INC. 1385150 | |||||||
ITEM NO. (A) | SUPPLIES/SERVICES (B) | QUANTITY (C) | UNIT (D) | UNIT PRICE (E) | AMOUNT (F) | ||
Ph.D. to Annie Xi Lu Ph.D..
All other terms and conditions of contract HHSO100201100001C remain unchanged. Discount Terms: PSC NET 30P Period of Performance: 06/28/2016 to 09/21/2023
Change Item 1 to read as follows(amount shown is the obligated amount): | |||||||
1 | Smallpox Antiviral Drug for the Strategic National Stockpile
Accounting Info: 2011.1990001.26402 Appr. Yr.: 2011 CAN: 1990001 Object Class: 26402 Funded: $0.00
Accounting Info: 2016.1992016.25103 Appr. Yr.: 2016 CAN: 1992016 Object Class: 25103 Funded: $0.00
Accounting Info: 2018.199TWNP.26201 Appr. Yr.: 2018 CAN: 199TWNP Object Class: 26201 Funded: $0.00 FOB: Destination
No-cost time extension for CLIN 0008.11 Physical and IT security funding in support of completion FDA requested additional regulatory studies that involve the Geriatric and Pediatric formulation of the oral TPOXX PoP changed to 06/28/2016 through 12/09/2022
Change Item 3 to read as follows(amount shown is the obligated amount): | 0.00 | |||||
3 | CLIN 0007 Smallpox Antiviral Drug for the Strategic National Stockpile – Supportive Clinical and Non-clinical Studies
Accounting Info: 2013.1992002.25106 Appr. Yr.: 2013 CAN: 1992002 Object Class: 25106 Funded: $0.00
Accounting Info: 2016.1992016.25103 Appr. Yr.: 2016 CAN: 1992016 Object Class: 25103 Funded: $0.00
Accounting Info: 2016.1992016.25103 Appr. Yr.: 2016 CAN: 1992016 Object Class: 25103 Funded: $0.00
Accounting Info: Continued ... | 0.00 | |||||
NSN 7540-01-152-8067 | OPTIONAL FORM 336 (4-86) | ||||||
Sponsored by GSA | |||||||
FAR (48 CFR) 53.110 |
CONTINUATION SHEET | REFERENCE NO. OF DOCUMENT BEING CONTINUED HHSO100201100001C/P00019 | PAGE OF | |||||
3 | 4 | ||||||
NAME OF OFFEROR OR CONTRACTOR SIGA TECHNOLOGIES, INC. 1385150 | |||||||
ITEM NO. (A) | SUPPLIES/SERVICES (B) | QUANTITY (C) | UNIT (D) | UNIT PRICE (E) | AMOUNT (F) | ||
2016.1992016.25103 Appr. Yr.: 2016 CAN: 1992016 Object Class: 25103 Funded: $0.00 FOB: Destination
No-cost time extension to comply with FDA requested additional supportive studies. CLIN 0007.12 Specific PoP extended to 04/22/2023 CLIN 0007.14 Specific PoP extended to 09/21/2023
Change Item 5 to read as follows (amount shown is the obligated amount): | |||||||
5 | No-cost extension of CLIN 00018, Geriatric Formulation ASPR-16-00275 PoP changed to 06/28/2016 through 12/09/2022
Accounting Info: 2016.1992016.25103 Appr. Yr.: 2016 CAN: 1992016 Object Class: 25103 Funded: $0.00
No-cost time extension for FDA requested additional regulatory studies that involve the Geriatric formulation of the oral TPOXX
Change Item 6 to read as follows(amount shown is the obligated amount): | 0.00 | |||||
6 | No-cost extension of CLIN 00021, Pediatric Formulation ASPR-16-00275 PoP changed to 06/28/2016 through 12/09/2022
Accounting Info: 2016.1992016.25103 Appr. Yr.: 2016 CAN: 1992016 Object Class: 25103 Funded: $0.00
No-cost time extension for completion of FDA requested regulatory studies that involve the Pediatric formulation of the oral TPOXX - PSC: 6505 NAICS: SAM has 541714 recorded; FPDS_NG reflects 541711 for Mod 17
| 0.00 | |||||
NSN 7540-01-152-8067 | OPTIONAL FORM 336 (4-86) | ||||||
Sponsored by GSA | |||||||
FAR (48 CFR) 53.110 |
Contract No. HHSO100201100001C Modification No.19 | Attachment 1 | Page 4 of 4 |
Beginning with the effective date of this modification, the U.S. Government and Contractor mutually agree as follows:
1. | IAW with Section C.1, Section F.1 Period of Performance, the periods of performance for the following CLINS are revised as indicated: |
CLIN | Scope | Contract Mod | Date Exercised | Previous POP End Date | Revised POP End Date |
0007.12 | Additional supportive studies | 0012 | 22 Apr 2016 | 24 Sep 2020 | 22 Apr 2023 |
0007.14 | Additional supportive studies | 0014 | 21 Sep 2016 | 24 Sep 2020 | 21 Sep 2023 |
0008.11 | Physical and IT security | 0011 | 09 Dec 2015 | 24 Sep 2020 | 09 Dec 2022 |
2. | IAW with Section C.7, Section F.1 Period of Performance, the periods of performance for Option CLINS 0007 and 0008 are revised as indicated: |
CLIN | Scope | Contract Mod | Date Exercised | Previous POP End Date | Revised POP End Date |
0018 | Geriatric formulation | 011 | 09 Dec 2015 | 24 Sep 2020 | 09 Dec 2022 |
0021 | Pediatric formulation | 011 | 09 Dec 2015 | 24 Sep 2020 | 09 Dec 2022 |
3. | ARTICLE G.1 CONTRACTING OFFICER |
The Contracting Officer is hereby changed to:
John K. Warner, Contracting Officer Station Support & Administrative Branch Division of Contracts Management & Acquisition Biomedical Advanced Research & Development Authority (BARDA) Office of Secretary for Preparedness & Response (ASPR) Department of Health and Human Services | Mailing Address: O’Neill House Office Building / 21J07 Washington, D.C. 20201 202 ###-###-#### (Cell) Email: ***@*** |
4. | ARTICLE G.2 CONTRACTING OFFICER’S REPRESENTATIVE (COR) |
The Contracting Officer’s Representative is hereby changed to:
Annie Xi Lu, Ph.D. Project Officer / Antiviral Antitoxin Branch Division of CBRN Countermeasures Biomedical Advanced Research & Development Authority (BARDA) Office of Secretary for Preparedness & Response (ASPR) Department of Health and Human Services | Mailing Address: O’Neill House Office Building Washington, D.C. 20201 (202) 604-5814 (Cell) Email: ***@*** |
END OF ATTACHMENT