EX-10.12











EXHIBIT 10.12









	

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT


1. CONTRACT ID CODE


4. REQUISITIONPURC N/A


2. AMENDMENT/MODIFICATION NO: Seven (7)


3. EFFECTIVE DATE See block 16C


PAGE OF PAGES 1 I 2


5. PROJECT NO. (If applicable! N/A
CODE


6. ISSUED BY


Btomedical Advanced Research and Development Authority U.S. Department of Health and Human Services
330 Independence Avenue, SW Room G640 Washington, DC 20201


7. ADMINISTERED BY [If other than item 6) CODE


8. NAME AND ADDRESS OF CONTRACTOR (Wo,, street, county. State and ZIP Code)


SioCryst Pharmaceuticals, Inc. 2190 Parkway Lake Drive
Birmingham, AL 35244 DUNS 61-819-4609 TIN 62-1413174


9A. AMENDMENT OF SOLICITATION NO,


9B. DATED {SEE ITEM 11)


CODE


FACILITY CODE


10A. MODIFICATION OF CONTRACT/ ORDER HHSO1002OO700032C


10B. DATED (SEE ITEM 13) 01-03-07


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 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 sach copy of the offer submitted; or |c) By

separate letter or telegram which includes a reference to thB solicitation and amendment numbers.
FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS
PRIOR TO THE HOUR AND DATE SPECIFIED MAV 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)


SOCC:. POC# TIN# LOC# CAN#


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


A.


THIS CHANGE OROER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE
MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.


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 43.1031b).


THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO
PURSUANT TO AUTHORITY OF: FAR 52.242-15 Stop-Work
Order; FAR 52.232-20 Limitation of Cost.


OTHER {Specify type of modification and authority]


E. IMPORTANT: Contractor (] is not, [X] is required to sign this document and return 2
copies to the issuing office.


1 4. DESCRIPTION OF MODIFICATION (Organized by UCF section headings, including
solicitation/contract subject matter where feasible]


PURPOSE: The purpose of this modification is to:


1. Cancel the Stop-Work Order issued on January 4, 2008, in accordance with FAR Clause
52,242-15, Stop Work Order.


2. Modify the contract as described on Page 2 of this modification.


The total contract amount remains unchanged. (4102,661,429)


The contract completion date remains unchanged. (December 31, 2010)


Except as provided herein, all terms and conditions referenced in item 9A or 10A, remain in full
force and effect.


15A. NAME AND TITLE OF SIGNER (Type or print)
16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
Schuyler T. Eldridge


15B. CONTRACTOR/OFFEROR
15C. DATE SIGNED
16C. DATE SIGNED


(Signature of person authorized to sign)
(Signature of Contracting Officer)


OMB No, 0990-0115
NSN 7540-01-152-8070


STANDARD FORM 30 [REV. 10-83)









 









 








HHSO100200700032C

Modification # 007

Page 2 of 2





	1.	 	The Stop Work Order issued on January 4, 2008, against this contract is hereby cancelled.
	 
	2.	 	The following activities will be completed, not exceeding the costs estimated in the BioCryst
Cost Proposal dated November 7, 2008, incorporated as an Attachment to this contract in
Section J.






	 	•	 	BARDA approves the proposed costs associated with clinical trial completion, including a
complete clinical study report, for the following studies:






	 	 	 	Clinical Trail Study BCX-1812-106
	 
	 	 	 	Clinical Trail Study BCX-1812-201
	 
	 	 	 	Clinical Trail Study BCX-1812-212






	 	•	 	Ongoing stability studies required for licensure of both the i.v. and i.m. formulations.
	 
	 	•	 	Any non-clinical toxicology or carcinogenicity studies that are ongoing and are required
for licensure of either formulation.






	3.	 	Milestone 3 Feasibility Plan listed on page 10 of the contract in Article F.3. Contract
Deliverables is due 60 days after the effective date of this Modification No. 7.
	 
	4.	 	All other activities listed in this contract and not referenced above shall be initiated only
after obtaining prior approval from the Contracting Officer in writing.
	 
	5.	 	The revised Contractor-defined Milestone Schedule and Gantt chart are incorporated as an
Attachment to this contract in Section J.
	 
	6.	 	The Key Personnel listed on page 12 of the contract in Article G.3. Key Personnel is removed
in its entirety and replaced with the following:





	 	 	 
	Name	 	Title
	William P. Sheridan, M.D.

	 	Chief Medical Officer, Principal Investigator
	Elliott Berger, Ph.D.

	 	Sr. Vice President, Regulatory Affairs
	Walter G. Gowan, Ph.D.

	 	Vice President — Chemistry, Manufacturing, and Control
	Phillip J. Collis, Ph.D.

	 	Executive Director of Clinical Development, Sub
Investigator
	Yahya El-Kattan, Ph.D.

	 	Director of Quality Control and Analytical Dept.
	Adele Jenne

	 	Director of Quality Assurance
	Amy McCullough, R.N., M.P.H.

	 	Director of Clinical Development







	7.	 	All other terms and conditions of this contract remain in full force and effect.