EX-10.58



 Exhibit 10.58 

CONFIDENTIAL TREATMENT REQUESTED 

CONFIDENTIAL PORTIONS OF THIS DOCUMENT HAVE BEEN REDACTED AND HAVE BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION. INFORMATION THAT WAS
OMITTED IN THE EDGAR VERSION HAS BEEN NOTED IN THIS DOCUMENT WITH A PLACEHOLDER IDENTIFIED BY THE MARK “[***]”. 
  

													
	AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT	 	 1. CONTRACT ID CODE
	 	 	 	 PAGE OF PAGES

1        |        4

	 2. AMENDMENT/MODIFICATION NO.

 
 0003
	 	 	 	 3. EFFECTIVE DATE        

 
 See Block 16C
	 	 4. REQUISITION/PURCHASE REQ. NO.
	 	5. PROJECT NO, (If applicable)
	6. ISSUED BY	 	CODE  	 	ASPR-BARDA  	 	 7. ADMINISTERED BY (If other than Item 6)
	 	CODE  	 	ASPR-BARDA01
	  
 ASPR-BARDA

200 Independence Ave., s.w.
 Room 640-G

Washington DC 20201
  
	 	  
 ASPR-BARDA

330 Independence Ave, SW, Rm G644
 Washington DC 20201
	 	 


															
		 	(x)    	 	 9A.    AMENDMENT OF SOLICITATION NO.

	8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP code)	 		 	 9B.    DATED (SEE ITEM
11)

	  
 PFENEX, INC 1358378

FENEX BIOPHARMACEUTICALS, INC.
 10790 ROSELLE ST

SAN DIEGO CA 921211718
	 	 	 	 
	 	X    	 	 10A. MODIFICATION OF CONTRACT/ORDER NO.

 
 HHSO100201500011C

 

	 		 	
10B.  DATED (SEE ITEM 13)

08/14/2015
  

	CODE 1358378	 	 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 telegram
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 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 date specified. 
  
 12. ACCOUNTING AND
APPROPRIATION DATA (if required) 
 See Schedule 

 
 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.

		 
	X	 	FAR 52.243-2 Alternate 1 IAPR 1987) Changes - cost - reimbursement and Mutual agreement
	 	 	 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 FAR 43.103(b).

 

	 	 	 C.    THIS SUPPLEMENTAL AGREEMENT IS
ENTERED INTO PURSUANT TO AUTHORITY OF:
  

	 	 	 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: 27-1356759 

DUNS Number: 013603710 
 Pfenex - RPA563 and Px563L Advanced
Development 

	1.	The purpose of this modification is to revise the Statement of Work (SOW) for work under the Base period of performance [***]. 


	2.	Update ‘Key Personnel’ list. 

 All other terms and conditions remain the same. This modification does
not affect the contract amount. 
 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)	  	16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
	Hubert C. Chen, Chief Medical Officer	  	 	 	 	  	WENDELL CONYERS
	15B. CONTRACTOR/OFFEROR	  		 	15C. DATE SIGNED  	  	16B. UNITED STATES OF AMERICA	  		 	16C. DATE SIGNED
			 	 		 
	 /s/ Hubert C. Chen

(Signature of person authorized to sign)
	  	 	 	29 Nov 2016  	  	 /s/ Wendell Conyers

(Signature of Contracting Officer)
  
	  	 	 	29 Nov 2016

  

					
	 NSN
7540-01-152-8070
 Previous edition
unusable
	 		  	 STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243


 [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission.
Confidential treatment has been requested with respect to the omitted portions. 








											
	CONTINUATION SHEET    	  	
REFERENCE NO. OF DOCUMENT BEING CONTINUED

HHSO100201500011C/0003
	  	PAGE    OF    

2          |  4


 NAME OF OFFEROR OR CONTRACTOR 

PFENEX, INC 1358378 

											
	
    ITEM NO.    

(A)
	 	
SUPPLIES/SERVICES
 (B)
	 	
  QUANTITY  

(C)
	 	
  UNIT  

(D)
	 	
  UNIT PRICE  

(E)
	 	
  AMOUNT  

(F)

		 	 See Continuation Page

Discount Terms: NET 30P
 Period of Performance: 08/14/2015 to
08/09/2020
	 		 	 	 	 	 	
		 		 	 	
	 	 	 	 	 	 	 	 	 	 	 

 [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission.
Confidential treatment has been requested with respect to the omitted portions. 









					
	 	 	 
	Contract No.	  	 Continuation Sheet

Block 14
	  	 Page
 3
 of 4
	HHSO100201500011C	  	  
	 Modification #03

 
	  	  

  

 SUMMARY OF CHANGES 
  

	1.	Update key personnel in Article G.3 Key Personnel: 

 Change PI: 

From: [***] 
 To: [***]

 Change PM: 
 From: [***] 

To: [***] 
 ARTICLE
G.3. KEY PERSONNEL 
 The key personnel specified in this contract are considered to be essential to work performance. At least 30 days
prior to diverting any of the specified individuals to other programs or contracts (or as soon as possible, if an individual must be replaced, for example, as a result of leaving the employ of the Contractor), the Contractor shall notify the
Contracting Officer and shall submit comprehensive justification for the diversion or replacement request (including proposed substitutions for key personnel) to permit evaluation by the USG of the impact on performance under this contract. The
Contractor shall not divert or otherwise replace any key personnel without the written consent of the Contracting Officer. The USG may modify the contract to add or delete key personnel at the request of the Contractor or USG. 

The following individuals are considered to be essential to the work being performed hereunder: 

 

							
	 	 	
Name
	  	
Title
	  	 
		 	[***]	  	PI and Project Leader	  	
		 	[***]	  	Chief Medical Officer	  	
		 	 [***]

 
	  	 Project Management

 
	  	

  

	2.	Update the Statement of Work (SOW) 

 As of 17 November 2016 

PX563L/RPA563 ADVANCED DEVELOPMENT 

Topic Area of Interest No. 1, 

Contractual Statement of Work 
 The following
language was modified from the original contract: 
 [***] 

  
 [***] Certain information in this
document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.