EX-10.32



 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