Exhibit 10.1

 


	

    	
SALE OF   GOVERNMENT PROPERTY AMENDMENT OF INVITATION FOR BIDS/MODIFICATION OF CONTRACT   1. AMENDMENT TO INVITATION FOR BIDS NO.: 2. EFFECTIVE DATE PAGE 1 OF 3 PAGES   SUPPLEMENTAL AGREEMENT NO.: 14 3. ISSUED BY DLA Disposition Services National   Sales Office 74 North Washington Avenue Battle Creek, Ml 49017-3092 4. NAME   AND ADDRESS WHERE BIDS ARE RECEIVED 5. AMENDMENT OF INVITATION FOR BIDS NO.   (See Item 6) DATED MODIFICATION OF CONTRACT NO. (See Item 8) DATED 6. THIS   BLOCK APPLIES ONLY TO AMENDMENTS OF INVITATIONS FOR BIDS The above numbered   invitation for bids is amended as set forth in Item 9. Bidders must   acknowledge receipt of this amendment unless indicated otherwise in item 11   prior to the hour and date specified in the invitation for bids, or as   amended, by one of the following methods: (a) By signing and returning copies   of this amendment; (b) By acknowledging receipt of this amendment on each   copy of the bid submitted; or (c) By separate letter or telegram which   includes a reference to the invitation for bids and amendment number. FAILURE   OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE ISSUING OFFICE PRIOR TO THE HOUR   AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR BID. If by virtue of this   amendment you desire to change a bid already submitted, such change may be   made by telegram or letter, provided such telegram or letter makes reference   to the invitation for bids and this amendment, and is received prior to the   opening hour and date specified. 7. ACCOUNTING AND APPROPRIATION DATA (If   required) 8. THIS APPLIES ONLY TO MODIFICATION OF CONTRACTS This Supplemental   Agreement is entered into pursuant to authority of Contract # 99-4001-0004 9.   DESCRIPTION OF AMENDMENT/MODIFICATION (Except as provided below all terms and   conditions of the document referenced in Item 5 remain in full force and   effect) Whereas Contract 99-4001-0004 was entered into on June 9, 2005 by and   between the United States of America, hereinafter referred to as the   GOVERNMENT, and LIQUIDITY SERVICES, INC,    hereinafter referred to as the CONTRACTOR, and DOD Surplus, whereas   the contract  involved property as   described in invitation for Bid (IFB) 99-4001. Contract performance is 7   years and three one year option periods. THE HOUR AND DATE FOR RECEIPT OF   BIDS (LOCAL TIME) DATE IS NOT EXTENDED, IS EXTENDED UNTIL O'CLOCK M 10.   BIDDER/PURCHASE NAME AND ADDRESS (Include ZIP Code) DOD Surplus LLC 15051 N.   Kierland Blvd.,Third Floor Scottsdale, AZ 85254 11. BIDDER IS NOT REQUIRED TO   SIGN THIS DOCUMENT PURCHASER IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN   ORIGINAL AND 0 COPIES TO THE ISSUING OFFICE 12. SIGNATURE FOR   BIDDER/PURCHASER BY (Signature of person authorized to sign) 15. UNITED   STATES OF AMERICA BY (Signature of Contracting Officer) 13. NAME AND TITLE OF   SIGNER (Type or print) Timothy Daniel VP Operations 14. DATE SIGNED 8 Jun   2015 16. NAME OF CONTRACTING OFFICER (Type or print) Leohard Clyde 17. DATE   SIGNED 8 Jun 2015 AUTHORIZED FOR LOCAL REPRODUCTION Previous edition is   usable STANDARD FORM 114D (REV. 1-94) Prescribed by GSA FPMR (41 CFR)   101-45.3.
    




 









	

    	
CONTRACT NUMBER   99-4001-0004 Supplemental Agreement 14 Page 2 of 3 WHEREAS, Article Sixteen,   Section 3 states in pertinent part that: (A) Calculate Contractor Net Worth   Allocation. Purchaser shall calculate the amount of the "Contractor Net   Worth Allocation" as Operating Net Worth multiplied by twenty percent   (20.00%). (B) Calculate DRMS Net Worth Allocation. Purchaser shall calculate   the amount of the "DRMS Net Worth Allocation" as Operating Net   Worth multiplied by seventy-eight and twenty one-hundredths percent (78.20%).   (C) Calculate KGP Net Worth Allocation. Purchaser shall calculate the amount   of the "KGP Net Worth Allocation" as Operating Net Worth multiplied   by one and eighty one-hundredths percent (1.80%). and, WHEREAS, the contract   does not include a provision for the implementation of a replacement   contract, which requires a minimum 3-4 months to complete. and, WHEREAS, the   Government and Contractor have entered into a negotiated sale which includes   a provision for the implementation of a replacement contract. and, WHEREAS,   the contractor has determined the wind-up this contract with the negotiated   contract being executed at the same time would be unmanageable. This is due   to the fact that it would require two inventory tracking systems to segregate   and report proceeds from property received before and after the commencement   of the negotiated contract. Setting up another inventory tracking system   would be time consuming and expensive. In addition, tracking indirect costs   associated with processing two inventories would be onerous. This would also   require the contractor to sell the property thru different lots which may not   be optimal to maximize revenue. The separate inventory systems would require two   unique weight tickets. and, WHEREAS, the contractor has formulated a payment   plan for the remaining property referred under this contract, based on an   inventory turnover rate that is equal to 51 days on average, that ensures KGP   will receive appropriate distributions for this inventory. NOW, THEREFORE, it   is mutually agreed between the parties hereto to this modification that   Article Sixteen, Section 3 shall be changed effective with the June 2015   Monthly Distribution Statement as stated below: (A) Calculate Contractor Net   Worth Allocation. Purchaser shall calculate the amount of the   "Contractor Net Worth Allocation" as Operating Net Worth multiplied   by thirty-five percent (35.00%). (B) Calculate DLA DISPOSITION SERVICES Net   Worth Allocation. Purchaser shall calculate the amount of the "DLA   DISPOSITION SERVICES Net Worth Allocation" as Operating Net Worth   multiplied by sixty-five percent (65.00%). 
    




 









	

    	
CONTRACT NUMBER   99-4001-0004 Supplemental Agreement 14 Page 3 of 3 (C) Calculate KGP Net   Worth Allocation. Purchaser shall, for the month of June 2015, deduct an   amount from the Contractor Net Worth Allocation equal to 100% of 1.8% of the   Operating Net Worth (amount available for distribution) and pay this amount   to KGP. Purchaser shall, for the month of July 2015, deduct an amount from   the Contractor Net Worth Allocation equal to 94% of 1.8% of the Operating Net   Worth (amount available for distribution) and pay this amount to KGP. The   July 2015 distribution is the final payment to KGP for property referred   under this contract. WHEREAS, Article Twenty-One, Sections 1-5 provides   instructions for the Wind-Up of the Purchaser. and, WHEREAS, the contractor   will not be able to wind-up the contract with the negotiated contract being   executed at the same time. NOW, THEREFORE, it is mutually agreed between the   parties hereto to this modification that: Article Twenty-One shall be delayed   until the end of the negotiated sale, Contract Number 15-5601-0001. OTHING   FOLLOWS