EX-10.59



 Exhibit 10.59 

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        |        
5

	 2. AMENDMENT/MODIFICATION NO.
  

0004
	 	 	 	 3. EFFECTIVE DATE    

 
    See Block 16C
	 	 4. REQUISITION/PURCHASE REQ. NO.

 
 OS190394
	 	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

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

 
 PFENEX, INC 1358378

FENEX BIOPHARMACEUTICALS, INC.
 10790 ROSELLE ST

SAN DIEGO CA 921211718
	 	(x)  	 	9A. AMENDMENT OF SOLICITATION NO.
	 	 	 
	 	 	 	 9B. DATED (SEE ITEM 11)

 

	 	  
 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)                                Net
Increase:                    $4,880,568.00 

2017.1992017.25103 
  

13. THIS ITEM ONLY APPLIES TO MODIFICATIONS 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 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:

 

	X	 	 D.    OTHER (Specify type of
modification and authority)
  
 52.217-9, Option to
Extend the Terms of the Contract


 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 exercise the Government’s unilateral right to exercise an Option in accordance with the contract clause FAR 52.217-9, Option to Extend the Term of the Contract. 

2. The Government hereby exercises Option No. Option 4: [***] and Option 5: [***]. 

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)
  
         HUBERT C. CHEN, CHIEF
MEDICAL OFFICER
	 	 16A. NAME AND TITLE OF CONTRACTING OFFICER
(Type or print)
  
 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)
	 	 	 	06 Jan 2017	 	 /s/ Wendell Conyers

(Signature of Contracting Officer)
  
	  	 	 	 9 Jan 2017
  


  

					
	 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/0004
	  	PAGE    OF        

2           |5



													
	   NAME OF OFFEROR OR CONTRACTOR

  PFENEX, INC 1358378



											
	 	 	 	 	 	 
	     ITEM NO.    

(A)
  
	 	 SUPPLIES/SERVICES

(B)
  
	 	   QUANTITY  

(C)
  
	 	   UNIT  

(D)
  
	 	
  UNIT PRICE  

(E)
  
	 	   AMOUNT  

(F)
  

		 	 Discount Terms: NET 30P

Delivery Location Code: HHS
 HHS

200 Independence Avenue, SW
 Washington DC 20201 US
	 		 	 	 	 	 	
		 		 	 	
		 	 Appr. Yr.: 2017 CAN: 1992017 Object Class: 25103

FOB: Destination
 Period of Performance: 08/14/2015 to
08/09/2020
	 		 	 	 	 	 	
		 		 	 	
		 	Change Item 5 to read as follows (amount shown is the obligated amount):	 		 	 	 	 	 	
		 		 	 	
	5	 	 Option 4 - [***]

Obligated Amount: $2,437,723.00
	 		 	 	 	 	 	2,437,723.00
		 		 	 	
		 	Change Item 6 to read as follows (amount shown is the obligated amount):	 		 	 	 	 	 	
		 		 	 	
	6	 	 Option 5 – [***]

Obligated Amount: $2,442,845.00
	 		 	 	 	 	 	2,442,845.00


  
 [***] 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. HHSO100201500011C	  	Continuation Sheet Block	  	 Page
 3
 of 5
	 Modification #04

 
	  	 14

 
	  

  

 SUMMARY OF CHANGES 

Beginning with the effective date of this modification, the Government and Contractor mutually agree as follows: 

 

	1.	The purpose of this modification is to exercise the Government’s unilateral right to exercise an Option in accordance with the contract’s clause FAR 52.217-9, Option to
Extend the Term of the Contract. 

  

	2.	The Government hereby exercises Option 4: [***] (Duration 12/22/2016 to 09/19/2017) and Option 5: [***] (Duration 12/22/2016 to 12/08/2017) as priced in Article B.3. Estimated Cost of the Contract at Total Price
$2,437,723.00 for Option 4 and $2,442,845.00 for Option 5. 

  

	3.	Funding and Contract Total Summary: the total funded amount on the contract is hereby increased by $4,880,568 from $15,891,600.00 to $20,772,168. 


 

	4.	The Period of Performance for: 

 Option 4 (CLIN 0005): 12/22/2016 to 09/19/2017 

Option 5 (CLIN 0006): 12/22/2016 to 12/08/2017 
  

	 	7)	The Statement of Work (SOW): 

 [***] 

  
 [***] 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.