Amendment to Contract No. N00014-02-C-0306



 Exhibit 10.32 
  

											
	                AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT	 	 	 	 CONTRACT ID CODE
 D
	 	PAGE OF	 	PAGES
	 	 	 	 	 	 	 	 	1	 	2
	 2. AMENDMENT/MODIFICATION NO.
	 	3. EFFECTIVE DATE	 	4. REQUISITION/PURCHASE REG. NO	 	5. PROJECT NO. (if applicable)
	 P00004
	 	SEE BLOCK 16C	 	04PR04937-01	 	N.A.	 	 	 	 
	 6. ISSUED
BY                                        
            CODE
	 	N00014	 	7. ADMINISTERED BY (if other than item 6) 	 	SCD-C	 	CODE	 	S1103A
		
	 OFFICE OF NAVAL RESEARCH
 ONR 251 Wade Wargo (703)696-2574 E-mail wargow@onr.navy.mil
 BALLSTON CENTRE TOWER ONE
 800 NORTH QUINCY STREET
 ARLINGTON, VA 22217-5660
	 	 DCM ATLANTA
 805 WALKER STREET, SUITE
1
 MARIETTA, GA 30060-2789

				
	 8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)
	 	 	 	(3)	 	 9.A. AMENDMENT OF SOLICITATION NO.
 N.A.

						
	 CREE INC
	 	 	 	 	 	 	 	 	 	 
	 4600 SILICON DRIVE
	 	 	 	 ̈	 	9B. DATED (SEE ITEM 11)	 	 
	 DURHAM, NC 27703
	 	 	 	x	 	 10A. MODIFICATION OF CONTRACT/ORDER
 NO.
	 	 
	 	 	 	 	 	 	N00014-02-C-0306	 	 	 	 
	 	 	 	 	 	 	10B. DATED (SEE ITEM 13)	 	 	 	 
	 CODE
	 	FACILITY CODE	 	 	 	28-Jun-02	 	 	 	 
	 0C9J8
	 	 	 	 	 	 

  
 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 data specified in the
solicitation or as amended, by on of the following methods: (a) By completing items 8 and 15, and returning          copies of the amendment; (b) By acknowledging receipt of the 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 data specified. 
  
 12. ACCOUNTING AND APPROPRIATION DATA (if required) 
 See Financial Accounting Data (FAD) Sheet(s) 
  
 13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS

 IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED ITEM 14. 
  

			
	 (3)
	  	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 data, etc.) SET FORTH IN ITEM 14, PURSUANT TO
THE AUTHORITY OF FAR 43.103(b).
		
	  ̈
	  	C. SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
		
	 	  	AUTHORITY FOR OTHER THAN FULL AND OPEN COMPETITION:
		
	 	  	D. OTHER (Specify type of modification and authority)
		
	 x
	  	UNILATERAL MODIFICATION (FAR 43.103(b)) ISSUED PURSUANT TO FAR 52.217-9, OPTION TO EXTEND THE TERM OF THE CONTRACT

 E. IMPORTANT: Contractor  x is not,   ̈ 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.) 
  
 THE PURPOSE OF THIS MODIFICATION IS TO EXERCISE THE OPTION AND PROVIDE AN INCREMENT OF FUNDING FOR THE OPTION UNDER CONTRACT N00014-02-C-0306. 
  
 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)
	 	  	 	  	 WADE D. WARGO
 Contracting
Officer
	 	 
	15B. CONTRACTOR/OFFEROR	  	15C. DATE SIGNED	  	16B. UNITED STATES OF AMERICA	 	16C. DATE SIGNED
					
	 	  	 	  	BY	  	/s/ Wade Wargo

	 	12/23/2003
	  

 (Signature of person authorized to sign)
	  	 	  	 	  	(Signature of Contracting Officer)	 	 
	SN 7540-01-152-8070	  	 	  	30-105	  	 	 	STANDARD FORM 30
(REV. 10-83)
	PREVIOUS EDITION UNUSABLE	  	 	  	 	  	 	 	Prescribed by GSA
	NAVOCNR OVERPRINT (3-88)	  	 	  	 	  	 	 	FAR (48 CFR) 53.243

  







 EFFECTIVE AS THE DATE OF THIS MODIFICATION: 
  

	1)	The Option Effort of Section B – Supplies or Services and Prices/Costs is hereby exercised and the total estimated contract consideration is revised as follows:


  
 OPTION EFFORT 
  

									
	 ITEM
 NO.

	  	 SUPPLIES/SERVICES

	  	ESTIMATED
GOVERNMENT
COST SHARE

	  	ESTIMATED
CONTRACTOR
COST SHARE

	 	TOTAL
ESTIMATED
COSTS


	 0004
	  	The Contractor shall furnish the necessary personnel and facilities to conduct the research effort as described in Section C.1 and C.3.	  	$2,914,933	  	[***]	 	[***]
	 	  	 000401: AB
 [***]
	  	 	  	 	 	 
	 0005
	  	Deliverables for Quarters 7-8 in accordance with Attachment Number 2	  	 	  	 	 	NSP
	 0006
	  	Reports and Data in accordance with Exhibit A (DD Form 1423)	  	 	  	 	 	NSP
	 TOTAL ESTIMATED CONTRACT CONSIDERATION
	  	$11,700,588	  	[***]	 	[***]

  

	2)	The funds available for performance of this contract are increased by the amount set forth in the attached Financial Accounting Data sheet. 

  

	3)	The Contractor shall accomplish the work for CLINs 0004-0006 (Option Effort) during the period from date of execution of this modification through six months thereafter.


  

	4)	In Section G – Contract Administration Data, paragraph 5 entitled “Allotment of Funds” is reinstated and revised as follows: 

  
 “5. Allotment of Funds 
  
 CLIN 0001 is fully funded. 
  
 It is hereby understood and agreed that the Government’s share of CLIN
0004 will not exceed a total amount of $2,914,933.00. The total amount presently available for payment and allotted to CLIN 0004 is [***]. It is estimated that the amount allotted of [***] will cover the period from 23 DEC 2003 through [***].

  

	5)	This modification increases the total estimated contract consideration by [***], which includes an estimated Government Cost Share of $2,914,933 and an estimated Contractor Cost
Share of [***]. All other terms and conditions remain unchanged and in full force and effect. 

  
 Award Number: N00014-02-C-0306 
 Modification Number: P00004 


	[***]	Confidential treatment requested pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. Omitted portions have been filed separately with
the Commission. 

  

 2 








 FINANCIAL ACCOUNTING DATA SHEET – NAVY 
  

																																
	 1. CONTRACT NUMBER (CRITICAL)
 N0001402C0306
	 	2. SPIN (CRITICAL)	 	3. MOD (CRITICAL)
P00004	 	4. PR NUMBER
04PRO4937-01	 
 	 	PAGE 1 OF 1
				
	 	 	6. LINE OF ACCOUNTING	 	7. AMOUNT
(CRITICAL	 
)	 	NAVY INTERNAL
USE ONLY
REF DOC/ACRN
	 CLIN/SLIN
	 	A.
ACRN
(CRITICAL)	 	B.
APPROPRIATION
(CRITICAL)	 	C.
SUBHEAD
(CRITICAL)	 	D.
OBJ
CLA	 	E.
PARM	 	F.
RFM	 	G.
SA	 	H.
AAA
(CRITICAL)	 	I.
IT	 	J.
PAA	 	K. COST CODE
	 	 
	 	 	 	 	 	 	 	 	 	 	 	PROJ
UNIT	 	MCC	 	PDU
& SUF	 	 
																
	 	 	AB	 	9730400	 	1304	 	255	 	RA	 	313	 	0	 	068342	 	2D	 	000000	 	R3Y10	 	000	 	N132	 	[	***]	 	PR#04PRO4937-01 FRC:A105
			
	 	 	PAGE TOTAL
GRAND TOTAL	 	[* * *]
[* * *]
	 PREPARED/AUTHORIZED BY:
  
 DATE:
	 	COMPTROLLER APPROVAL:
        FOR FISCAL DATA AND SIGNATURE
        BY: /s/ Altovise Quarles 12/30/03 for COMPTROLLER, ONR CONTRACT
REVIEWED
DATE:

  
 ONR AWARD FORM (2/00) – version
1.1 


	[***]	Confidential treatment requested pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. Omitted portions have been filed separately with
the Commission. 








 Contract Distribution Sheet 
  

			
	 PR Number:
	 	 04PR04937-01

	 Contract Number:
	 	 N00014-02-C-0306-P4

	 Specialist:
	 	 WDW ONR: 251


  

					
	 Distribution Date: DEC 30 2003
	 	Distributed By:	 	OM

  

			
	—	  	PCO, ONR Arlington (Original)
	 	  	 
	—	  	Contractor (Duplicate Original)
	 	  	Short Contractor Code and Address:
	 	  	CREE
	 	  	CREE INC
	 	  	4600 SILICON DRIVE
	 	  	DURHAM, NC 27703

  

			
	 —
	  	ACO
	 	  	ACO MILSCAP Code & Address S5111A:
	 	  	DCMA SOUTHERN VIRGINIA
	 	  	190 BERNARD ROAD
	 	  	FORT MONROE, VA 23651

  

			
	 —
	  	Payment Office
	 	  	DODAAD Code and Address HQ0338:
	 	  	DFAS COLUMBUS CENTER DFAS CO SOUTH ENTITLEMENT OPERATIONS
	 	  	PO BOX 182264
	 	  	COLUMBUS, OH 43218-2264

  
  

			
	 —
	 	 ONR:

	 	 	 00CC11

	 	 	 Program Officer: Harry Dietrich, ONR 312


  
 DEC 30 2003