exv4w21



 


Exhibit 4.21



Confidential treatment has been requested for certain portions of
this exhibit. The copy filed herewith omits the information subject
to the confidential treatment request. Omissions are designated as
“[*****]” or “*****”. A complete
version of this exhibit has been filed separately with the Commission
pursuant to an application for confidential treatment under
Rule 24b-2 promulgated under the Securities Exchange Act of
1934, as amended.




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	

	 	 	
AMENDMENT OF SOLICITATION/MODIFICATION
OF CONTRACT
	 	1.
	 	CONTRACT ID CODE
	 	 	 	 	 	PAGE

1
	 	OF
	 	PAGES

2
	

	2.	 	
AMENDMENT/MODIFICATION NO.
	 	3.
	 	EFFECTIVE DATE
	 	4.
	 	REQUISITION/PURCHASE REQ. NO.
	 	5.
	 	PROJECT NO. (If applicable)
	 	 	
00003
	 	 	 	See Item 16C.	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	

	6.	 	
ISSUED BY
	 	CODE   7523
	 	7.
	 	ADMINISTERED BY (If other than Item 6)
	 	 	 	CODE   7523	 	 	 	 	 	 
	 	 	
Centers for Disease Control and
Prevention (CDC)

Procurement and Grants Office

2920 Brandwine Road, Rm. 3000

Atlanta, GA 30341-5539	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	

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


	 	 	
   Acambis, Inc.

   38 Sidney Street

   Cambridge, MA 02139

    

   TIN: ******
	 	 	 	 	 	 	 	 	 	9B.
	 	DATED (See Item 11)
 


	 	 	 	 	 	 	 	 	 	 	 	10A.
	 	MODIFICATION OF CONTRACT/ORDER NO.
	 	 	 	 	 	 	 	 	 	 	 	 	 	200-2002-00004
 


	 	 	 	 	 	 	 	 	 	X
	 	10B.
	 	DATED (See Item 13)
	 	 	 
	CODE      6511	 	 	 	FACILITY CODE
	 	 	 	 	 	 	 	November 28, 2001	 	 	 	 	 	 	 	 	 	 
	





	 
	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 Offers o is extended, o 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 ACKNOWLEGMENT
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)
	Appropriation: 7520943 Allowance: 2-11C3S Object Class 25.55 CAN: 2921-ATB1 Increase: ******
	

	13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,
	IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
	





	 	 	 	 	 
	(ü)	 	
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)
	 	 	 	 	FAR 52.232-22 Limitation of Funds (Apr 1984)
	





	 
	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.)
	 
	The purpose of this modification is to allot additional funds to CLIN 0001, Development, Production and FDA Licensure of Smallpox vaccine.
	 
	See Page 2
	 
	 
	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 OF CONTRACTING OFFICER	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	ELMIRA C. BENSON	 	 	 	 
	

	15B.	 	
CONTRACTOR/OFFEROR
	 	 	 	 	 	16B.
	 	UNITED STATES OF AMERICA	 	 	 	 
	 	 	
 
	 	15C.
	 	DATE SIGNED
	 	 	 	 	 	16C.
	 	DATE SIGNED
	 	 	 	 	 	 	 
	 	BY	 	 	 	 	 	31 DEC 01
	 	 	
	 	 	 	 	 	 	 	
	 	 	 	 
	 	 	
(Signature of person authorized to sign)
	 	 	 	 	 	 	 	(Signature of Contracting Officer)	 	 	 	 
	





 







 





	 	 	 
	 	 	
Contract No. 200-2002-00004
	 	 	
Modification No. 00003





	1.	 	Under “Section B-Supplies Or Services And Prices/Costs”, Article B.1,
increase the total funds currently available for payment to line item
0001 by ****** from ****** to ******
	 
	2.	 	As a result of the above, Section B.1 (b) and (c) are revised as
follows:





	 	(b)	 	Total funds currently available for payment and allotted to this
line item are
******. For further provisions on funding, see the Limitation of
Funds Clause.
	 
	 	(c)	 	It is estimated that the amount currently allotted will
cover performance of
Item 0001 through January 31, 2002.





	3.	 	Based on the above changes, replace Section B.1 with the attached
revised Section B.1.
	 
	4.	 	As a result of the above, neither the contract amount nor the
contract completion date is changed by reason of this modification.



2







 






SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS



B.1     352.232-74 CONSIDERATION – FIRM-FIXED PRICE-INCREMENTALLY FUNDED LINE ITEM




	 	 	 	 	 	 	 	 	 
	LINE ITEM	 	SUPPLIES/SERVICES	 	ESTIMATED	 	UNIT	 	EXTENDED
	 	 	 	 	QUANTITY/	 	PRICE	 	PRICE
	 	 	 	 	UNIT	 	MONTH	 	 
	 	 	 	 	 	 	 	 	 
	0001	 	
Development
Production and
FDA Licensure of
Smallpox Vaccine
	 	22 months
	 	******
	 	******



Guaranteed Minimum:   $3,000,000.00





	 	(a)	 	It is determined that the total price to the Government for full
performance of this line item will be ******
	 
	 	(b)	 	Total funds currently available for payment and allotted to this line
item are ******. For further provisions on funding, see Limitations of
Funds Clause.
	 
	 	(c)	 	It is estimated that the amount currently allotted will cover
performance of Item 0001 through January 31, 2002.
	 
	 	(d)	 	The Contracting Officer may allot additional funds to the contract
without the concurrence of the Contractor.
	 
	 	(e)	 	Monthly payments will be made upon submission of a properly executed
invoice and submission of the Monthly Progress Report required per
Section C.8.





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