Aug 04 OS 03:21p | Services Inc x @ 4030 p-2

SALE OF GOVERNMENT PROPERTY
AMENDMENT OF INVITATION FOR BIDS/MODIFICATION OF CONTRACT
1, AMENDMENT TO INVITATION FOR BIDS NO.: 2. EFFECTIVE DATE PAGE | OF 2 PAGES
| SUPPLEMENTAL AGREEMENT NO.;_1 E

3. ISSUED BY NAME AND ADDRESS WHERE BIDS ARERECETVED ——
DEFENSE REUTILIZATION AND MARKETING SERVICE DEFENSE REUTILIZATION AND MARKETING SERVICE
INTERNATIONAL SALES OFFICE, ATTN:DRMS-BBS INTERNATIONAL SALES OFFICE, ATTN:DRMS-BBS
74.N WASHINGTON STREET 74. N WASHINGTON STREET
BATTLE CREEK MI 49017-3092 BATTLE CREEK MI 49017-3092

"AMENDMENT OF INVITATION POR BIDS NO. DATED BE MODIFICATION OF CONTRACT NO. DATE
(See Item 6) (See Item 8) 6/09/05
99-400 1-0002
6 THIS ee BIDS

‘The above numbered invitation for bids is amended as sct forth in Item 9. Bidders must acknowledge receipt of this amendment unless

Tndiaiodoerwise i Tm poor the how and Str opened inthe bration fr ba or ts send by cme of te lalowing

methods:

(a) By signing and returning O copies of this amendment;

(0) By acknowledging receipt of this amendment on each copy of the bid submitted; or

(©)_ By separate letter or telegram which includes a reference to the invitation for bids and amendment number

FASLURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE ISSUING OFFICE PRIOR TO THE HOUR AND DATE SPECIFIED MAY RFSULT
IN REJECTION OF YOUR BID. If by virtwe 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 thia 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 Mutual Agreement

9. DESCRIPTION OF AMENDMENT/MODIFICATION (xcept as provided below all farms and conditions of the document referenced in liam 5 remain in full

Sorce and effect)
Whereas Contract 99-4001-0002 was entered into on June 9, 2005 by and between the Unitcd States of America, hereinafter referred to

as the Government, and LIQUIDITY SERVICES, INC, hereinafter referred to as the Contractor, and DOD Surplus, LLC formed by the
contractor to serve as the entity that processes DRMS assets, hereinafter referred to as the purchaser, and Whereas the contract involved
the following item in Invitation For Bid 99-4001:

000): All scrap material located in the continental United States (other than Tennessee and the Carolinas) or in Alaska that is
demilitarization code A, B, E, or Q or that is subject to demilitarization as a condition of sale other than material and items in the list of
excluded SCLs and FSCs set forth in Part [V. Contract performance is 7 years with three one year renewal option periods.

| THE HOUR AND DATE FOR RECEIPT OF BIDS (] IS NOT EXTENDED, [7] IS EXTENDED UNTIL O’CLOCK
| (LOCAL TIME) DATE
10. BIDDER/PURCHASER NAME AND ADDRESS (Include ZIP Code) 11. [] BIDDER IS NOT REQUIRED TO SIGN THIS DOCUMENT
§ PURCHASE IS REQUIRED TO SIGN THIS DOCUMENT
LIQUIDITY SERVICES INC AND RETURN ORIGINAL AND.0.COPIES TO THE
ISSUING OFFICE

2131 K Street NW, 4” Floor
Washington, DC 20037

| 12. SIGNATURE FOR BIDDER/PURCHASER 15, UNITED STATES OF AMERICA

| BY BY
(SIGNATURE OF PERSON AUTHORIZED TO SIGN). (SIGNA \CTING OFFICER)
13,_NAME SIGNER. or print) 14. DATE SIGNED 16 OFFICER | 17. DATE SIGNED

§-3- 2000 afsfror



Rug 04 OS O3:21ip . Services Inc xe 4030

DRMS CONTRACT NUMBER 99-4001-0002
Supplemental Agreement 1
Page 2 of 2

WHEREAS, Article One, Section 6, states in pertinent part that:

{A) Formation of Purchaser.
Upon award of the contract, the Contractor shall cause the formation of a
single purpose Subchapter S corporation or limited liability company (the
“PurchaserTM), ... to perform the contract as provided herein .
(B) Covenant of Contractor.

Contractor hereby covenants and agrees that, from and after the date of
award and until completion of the Wind-Up, Purchaser will remain a single
purpose Subchapter S corporation or limited liability company, the sole
purpose of which is to perform this contract ... .

WHEREAS, in the interest of achieving cost savings for both the Contractor and the
Agency, the parties hereto mutually agree to modify Article One, Section 6, to allow the
Contractor to utilize, without limitation, the resources, operations, assets, and personnel
of the Subchapter S Purchaser entity formed by Surplus Acquisition Venture, LLC, under
DRMS Sales Contract No. 99-0001-0002.

NOW, THEREFORE, it is mutually agreed between the parties hereto to this
modification that:

1.) Article One, Section 6, is hereby modified to permit and allow the Subchapter
S Purchaser entity formed by the Contractor under this contract to utilize, without
limitation, the resources, operations, assets, and personnel of the Subchapter S Purchaser
entity formed by Surplus Acquisition Venture, LLC, under DRMS Sales Contract No.
99-0001-0002;

2.) The Contraetor acknowledges and agrees that actual costs incurred by the
utilization of dual purpose resources, operations, assets, and personnel of the Subchapter
S corporation will be allocated to the two Subchapter S corporations formed under the
two respective contracts and thereby insure costs are properly accounted for under the
two respective contracts;

3.) All other applicable terms and conditions of the contract remain in effect,
including but not limited to, Articles Two (2) through Twenty-Threc (23); and

4.) This modification will become effective upon the date of the last affixed
signature to this modification .

MIUMINOTHING FOLLOWS

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