exhibit10-6.htm



	
Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions.

	
DEPARTMENT OF HEALTH & HUMAN SERVICES

	
Exhibit 10.6


Public Health Service


	  	  	  
	  	  	  
	  	  	  
	  	  	
Centers for Disease Control


	  	  	
and Prevention (CDC)


	  	  	
Atlanta GA 30333


	  	  	  
	  	  	
September 30, 2011







Emergent Biodefense Lansing Operations


ATTN: Michael Wernicke


3500 N Martin Luther King Jr. Blvd. #1


Lansing, MI 48906-2933


 


Subject: Notice of Award Letter, Awarding Solicitation 2011-N-13414 for Acquiring Doses of Anthrax Vaccine Absorbed (AVA), also known as BioThrax


 


Dear Mr. Wernicke:


 


In accordance with FAR 15.504, this notice of award documents the Government’s acceptance of the agreement reached during discussions earlier today and described in your letter to me dated September 30, 2011.  A formal contract will be issued within 15 working days from date of this letter.  The following applies to this award:


 



	
1.  

	
The pricing agreement is as follows:







 



	
Dose Quantities for Delivery

	 	 	
Dose Price ($US)

	 	 	
Total Value ($US)

	 	 	 	 
	
CLIN

	 	
Period of Performance

	 	
# of Doses

	 	 	
4-year

	 	 	
5-year

	 	 	
4-year

	 	 	
5-year [Price = $[**] + 4-year Price, beginning CLIN 3]

	 	 	 	 
	 	
342 months

	 	 	
348 months

	 	 	 	 
	 	
<48 months

	 	 	
<60 months

	 	 	
Annual Price Escalator

	 
	 	0001	 	
01 Oct 2011 – 30 Sep 2012

	 	 	[	**]	 	 	[	**]	 	 	[	**]	 	 	[	**]	 	 	[	**]	 	 	 
	 	0002	 	
01 Oct 2012 – 30 Sept 2013

	 	 	[	**]	 	 	[	**]	 	 	[	**]	 	 	[	**]	 	 	[	**]	 	 	[	**]%
	 	0003	 	
01 Oct 2013 – 30 Sep 2014

	 	 	[	**]	 	 	[	**]	 	 	[	**]	 	 	[	**]	 	 	[	**]	 	 	[	**]%
	 	0004	 	
01 Oct 2014 – 30 Sep 2015

	 	 	[	**]	 	 	[	**]	 	 	[	**]	 	 	[	**]	 	 	[	**]	 	 	[	**]%
	 	0005	 	
01 Oct 2015 – 30 Sep 2016

	 	 	[	**]	 	 	[	**]	 	 	[	**]	 	 	[	**]	 	 	[	**]	 	 	[	**]%
	
Total

	 	  	 	 	44,750,000	 	 	 	 	 	 	 	 	 	 	$	1,235,292,500.00	 	 	$	1,253,167,500.00	 	 	 	 	 










 



	
2.  

	
Contract number 200-2011-42084 shall apply to the award of this 5 year contract.








	
3.  

	
HHSAR clause 352.232.-72 Limitation of Government’s obligation applies to the contract.  In accordance with HHSAR 352.232-72, contract 200-2011-42084 is incrementally funded in the amount of $125,009,128.00 under the following Cost Accounting Number (CAN).








	
  

	
939ZFCF 2642 2011 75-X-0943 5664311101








	
4.  

	
As shown in the chart above, 4 year product means remaining expiry dating upon date of delivery of 342 months and ≤48 months; $[**] per dose for product delivered under CLIN 0001.








	
5.  

	
As shown in the chart above, 5 year product means remaining expiry dating upon date of delivery of 348 months and ≤60 months; $[**] to be added to the 4 year dose price (as adjusted for annual escalation) for product delivered under CLINs 0003, 0004, and 0005.








	
6.  

	
As shown in the chart above, annual dose price escalation of [**]% applies.








	
7.  

	
Delivery of product shall be FOB Origin.







 


Thank you for working with CDC to get the new BioThrax contract awarded.


 


Should you have additional questions, please contact me at 770-488-2647 or vhubbs@cdc.gov.


 


                    Sincerely,


 


/s/ Vivian. S. Hubbs







Vivian S. Hubbs


Contracting Officer


Procurement and Grants Office


cc: OPHPR