Exhibit 10.69

 

	

    	
 
    	
 
    	
 

DEPARTMENT OF THE ARMY  
    U.S. ARMY RESEARCH, DEVELOPMENT AND ENGINEERING   COMMAND ACQUISITION CENTER
    
	
 
    	
REPLY   TO ATTENTION OF
    	
RESEARCH TRIANGLE PARK DIVISION
   P.O. BOX 12211
   RESEARCH TRIANGLE PARK, NORTH CAROLINA 27709-2211
    
	
 
    	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    	
[stamp:] 14 FEB 2009
    


 

AMSRD-ACC-R  70-1t

 

Subject: Contract No. W911NF-08-C-0044, P00002 (Proposal 54590-CH-CB1)

 

Bio Protection Systems Corporation

Attn: Mr. Carl Langren

2901 S. Loop Drive

Suite 3360

Ames, IA 50010-8646

 

Dear Mr. Langren:

 

Enclosed for your retention is a signed copy of the subject contract.

 

All correspondence pertaining to the scientific and technical aspects of the contract should be directed to the Government technical monitor specified in the contract.  Other correspondence should be directed to Mr. Leroy R. Hardy at (919) 549-4237 or by email @ leroy.r.hardy@us.army. mil.

 

	
 
    	
Sincerely,   
    
	
 
    	
 
    
	
 
    	
 
    
	
 
    	
/s/Leroy   R. Hardy Jr.
    
	
 
    	
LEROY   R. HARDY JR.
    
	
 
    	
Contracting   Officer
    


 

Enclosure

 









 

	
AMENDMENT   OF SOLICITATION/MODIFICATION OF CONTRACT
    	
1. CONTRACT ID CODE
    	
PAGE OF PAGES
    
	
 
    	
 
    	
1
    	
3
    
	
2.   AMENDMENT/MODIFICATION NO.
    	
3. EFFECTIVE DATE
    	
4. REQUISITION/PURCHASE   REQ. NO.
    	
5. PROJECT NO. (If   applicable)
    
	
 
    	
 
    	
 
    	
 
    
	
P00002
    	
12-Feb-2009
    	
SEE SCHEDULE
    	
 
    
	
 
    	
 
    	
 
    	
 
    
	
6. ISSUED BY
    	
CODE
    	
W911NF
    	
7. ADMINISTERED BY (If   other than Item 6)
    	
CODE
    	
 
    
	
 

US ARMY RDECOM   ACQ CTR — W911NF

4300 S. MIAMI   BLVD

DURHAM NC 27703 
    	
 
    	
See Item 6
    	
 
    	
 
    
										


 

	
8. NAME AND ADDRESS OF CONTRACTOR (No., Street, City,   County, State and Zip Code)
    	
 
    	
9A. AMENDMENT OF SOLICITATION   NO.
    
	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    
	
 
    	
 
    	
9B. DATED (SEE ITEM 11)
    
	
BIOPROTECTION   SYSTEMS CORPORATION
    	
 
    	
 
    
	
2901   S LOOP DR STE 3360
    	
x
    	
10A.  MOD. OF CONTRACT/ORDER NO.
    
	
AMES   IA 50010-8646
    	
W911NF-08-C-0044
    
	
 
    	
x
    	
10B. DATED (SEE ITEM 13)
    
	
 
    	
05-May-2008
    


 

	
CODE  47EJ3
    	
FACILITY   CODE
    	
 
    	
 
    


 

 

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

 

o     The  above numbered solicitation is amended as set forth in Item 14.  The hour and date specified for receipt of Offer o is extended, o is not extended.

 

Offer 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 ACKNOWLEDGMENT 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   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   CONTACT/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 PAR. 43.103(B).
    
	
 
    	
 
    	
 
    
	
 
    	
C.
    	
THIS SUPPLEMENTAL   AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
    
	
 
    	
 
    	
 
    
	
 
    	
D.
    	
OTHER (Specify type of modification   and authority)
    
	
x
    	
FAR   52.243-1 Changes — Fixed Price
    


 

	
E.      IMPORTANT:   Contractor  x  is not, o    is required to sign this document and return               copies to the issuing office.
    


 

	
14.    DESCRIPTION OF   AMENDMENT/MODIFICATION (Organized by UCF section headings, including   solicitation/contract subject matter where feasible.)
    


 

Modification Control Number:                                  hardyl09955

 

SEE CONTINUATION PAGE

 

P-54590-CH-CBD

 

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)
    
	
 
    	
LEROY R. HARDY   JR./CONTRACTING OFFICER
    
	
 
    	
TEL: 919-549-4237                                EMAIL:   leroy.r.hardy@us.army.mil
    
	
 
    	
 
    
	
15B. CONTRACTOR/OFFEROR
    	
15C.   DATE SIGNED
    	
16B.
    	
UNITED STATES OF AMERICA
    	
16C.   DATE SIGNED
    
	
 
    	
 
    	
 
    	
 
    
	
 
    	
 
    	
BY /s/Leroy R. Hardy Jr.
    	
12-Feb-2009
    
	
(Signature of person authorized to sign)
    	
 
    	
(Signature of Contracting Officer)
    	
 
    


 

	
EXCEPTION TO SF 30
    	
30-105-04
    	
STANDARD FORM 30 (Rev.   10-83)
    
	
APPROVED BY OIRM 11-84
    	
 
    	
Prescribed by GSA
    
	
 
    	
 
    	
PAR (48 CFR) 53.243
    


 









 

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

 

SUMMARY OF CHANGES
 The purpose of this modification is to: (1) exercise contract line item number (CLIN) 0002 in accordance with the terms and conditions established in the above noted contract; and (2) fully fund CLIN 0002 in the amount of $29,995.00.  Therefore, the following changes are hereby incorporated:

 

SECTION A - SOLICITATION/CONTRACT FORM

 

The total cost of this contract was increased by $29,995.00 from $69,990.00 to $99,985.00.

 

SECTION B - SUPPLIES OR SERVICES AND PRICES

 

CLIN 0002: The word “Option” is hereby deleted in its entirety and CLIN 0002 is exercised and fully funded as follows:

 

	
ITEM NO
   0002
    	
 
    	
SUPPLIES/SERVICES
    	
 
    	
QUANTITY
    	
 
    	
UNIT
   Dollars, U.S.
    	
 
    	
UNIT PRICE
    	
 
    	
AMOUNT
    	
 
    
	
 
    	
 
    	
SCIENTIFIC   RESEARCH SERVICES
    	
 
    	
 
    	
 
    
	
 
    	
 
    	
CPFF
    	
 
    	
 
    	
 
    
	
 
    	
 
    	
Small   Business Innovative Research (SBIR) proposal C081-105-0080, titled “Multiple   Indication Adjuvants” sets forth the research to be completed under this   contract line item number. The negotiated price of $29,995.00 shall be   disbursed if the option period is exercised.
    	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
 
    	
 
    	
Purchase   Request Number: 54590CHCBD08141
    	
 
    	
 
    	
 
    
	
 
    	
 
    	
Project:   54590CHCBD
    	
 
    	
 
    	
 
    
	
ACRN AB
    	
 
    	
$
    	
0.00
    	
 
    
	
CIN: 54590CHCBD081410002
    	
 
    	
 
    	
 
    
													


 

SubCLIN 0002AA is added as follows:

 

	
ITEM NO
   0002AA
    	
 
    	
SUPPLIES/SERVICES
    	
 
    	
QUANTITY
    	
 
    	
UNIT
   Dollars, U.S.
    	
 
    	
UNIT PRICE
   $9,999.00
    	
 
    	
AMOUNT
   $9,999.00
    	
 
    
	
 
    	
 
    	
FIRST   MONTHLY REPORT
    	
 
    	
 
    	
 
    
	
 
    	
 
    	
Firm   Fixed Price
    	
 
    	
 
    	
 
    
	
 
    	
 
    	
Report   due 30 days after the date specified in block 3 of the Standard   Form 26.
    	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
 
    	
 
    	
Purchase   Request Number: 54590CHCBD08141-0002
    	
 
    	
 
    	
 
    
	
 
    	
 
    	
Project:   54590CHCBD
    	
 
    	
 
    	
 
    
	
ACRN AB
    	
 
    	
$
    	
9,999.00
    	
 
    
	
CIN: 54590CHCBD081410002AA
    	
 
    	
 
    	
 
    
													


 

SubCLIN 0002AB is added as follows:

 

	
ITEM NO
   0002AB
    	
 
    	
SUPPLIES/SERVICES
    	
 
    	
QUANTITY
    	
 
    	
UNIT
   Dollars, U.S.
    	
 
    	
UNIT PRICE
   $9,998.00
    	
 
    	
AMOUNT
   $9,998.00
    	
 
    
	
 
    	
 
    	
SECOND   MONTHLY REPORT
    	
 
    	
 
    	
 
    
	
 
    	
 
    	
Firm   Fixed Price
    	
 
    	
 
    	
 
    
	
 
    	
 
    	
Report   due 60 days after the date specified in block 3 of the Standard   Form 26.
    	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
 
    	
 
    	
Purchase   Request Number: 54590CHCBD08141-0002
    	
 
    	
 
    	
 
    
	
 
    	
 
    	
Project:   54590CHCBD
    	
 
    	
 
    	
 
    
	
ACRN AB
    	
 
    	
$
    	
9,998.00
    	
 
    
	
CIN: 54590CHCBD081410002AA
    	
 
    	
 
    	
 
    
													


 

2




 






 

SubCLIN 0002AC is added as follows:

 

	
ITEM NO
   0002AC
    	
 
    	
SUPPLIES/SERVICES
    	
 
    	
QUANTITY
    	
 
    	
UNIT
   Dollars, U.S.
    	
 
    	
UNIT PRICE
   $9,998.00
    	
 
    	
AMOUNT
   $9,998.00
    	
 
    
	
 
    	
 
    	
FINAL   TECHNICAL REPORT
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
 
    	
 
    	
Firm   Fixed Price
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
 
    	
 
    	
See   Section F for final technical report submittal instructions.
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
 
    	
 
    	
Purchase   Request Number: 54590CHCBD08141-0002
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
 
    	
 
    	
Project:   54590CHCBD
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
ACRN AB
    	
 
    	
 
    	
 
    	
$
    	
9,998.00
    	
 
    
	
CIN: 54590CHCBD081410002AC
    	
 
    	
 
    	
 
    	
 
    	
 
    
													


 

SECTION E - INSPECTION AND ACCEPTANCE

 

The following Acceptance/Inspection Schedule is added for CLIN 0002:

 

	
INSPECT AT
    	
 
    	
INSPECT BY
    	
 
    	
ACCEPT AT
    	
 
    	
ACCEPT BY
    
	
Destination
    	
 
    	
Government
    	
 
    	
Destination
    	
 
    	
Government
    


 

SECTION F - DELIVERIES OR PERFORMANCE

 

The Delivery Schedule for CLIN 0002 is shown below:

 

	
DELIVERY DATE
    	
 
    	
SHIP TO ADDRESS
    	
 
    	
UIC
    
	
01   MAY 2009
    	
 
    	
TRANSPORTATION   OFFICE - W36QYT
   PR PROP BK ACCT DURHAM
   PO BOX 12211
   RESEARCH TRIANGLE PARK NC 27709-2211
   FOB: Destination
    	
 
    	
W36QYT
    


 

SECTION G - CONTRACT ADMINISTRATION DATA

 

The accounting and appropriation data for CLIN 0002 is delineated below:

 

	
ACRN AB:
    	
 
    	
9780400260186N6N7C60605502BPM255YXR00008   PM54590CHSAPM8XSAPM018129
    	
 
    	
 
    	
 
    
	
SubCLIN 0002AA
    	
 
    	
54590CHCBD081410002AA
    	
 
    	
$
    	
9,999.00
    	
 
    
	
SubCLIN 0002AB
    	
 
    	
54590CHCBD081410002AB
    	
 
    	
$
    	
9,998.00
    	
 
    
	
SubCLIN 0002AC
    	
 
    	
54590CHCBD081410002AC
    	
 
    	
$
    	
9,998.00
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
$
    	
29,995.00
    	
 
    


 

As a result of this modification, the total funded amount for this document was increased by $29,995.00 from $69,990.00 to $99,985.00.

 

Except as provided herein, all terms and conditions set forth in the above noted contract remains unchanged and in full force and effect.

 

(End of Summary of Changes)

 

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