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EXHIBIT 10.34
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DHHS 265942305 OMB No. 099-0115 TN-07
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AWARD/CONTRACT 1. This contract is a rated order under DPAS (15 Rating Page of Pages
CFR 350)
1 30
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2. CONTRACT (Proc. Inst. Indent.) NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUEST/PROJECT NO.
N01-NS-2305 12/1/93 N/A
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5. ISSUED BY Code ______ 6. ADMINISTERED BY (if other than Item 5)
Contracts Management Branch
National Institute of Neurological
Disorders and Storke, NIH
Federal Building, Room 901
Bethesda, Maryland 20892
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7. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip) 8. DELIVERY
FOB Destination
Collaborative Research, Inc. [] FOB ORIGIN [] OTHER (See below)
1365 Main Street ----------------------------------------------------------
Waltham, Massachusetts 02154 9. DISCOUNT FOR PROMPT PAYMENT
N/A
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10. SUBMIT INVOICES ITEM
(4 Copies unless otherwise
specified) TO THE ADDRESS Article G.3
SHOWN IN
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11. SHIP TO/MARK FOR 12. PAYMENT WILL BE MADE BY
See Article D.1. See Article G.3
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13. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION 14. ACCOUNTING AND APPROPRIATION DATA
[] 10 U.S.C. 2304(C)( ) [] 41 U.S.C. 253(c)( ) CAN: 4-8426315 O.C. 25.3K
DOC, NO.: NINS42305A EIN: 1-042297484-A1
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15A. ITEM NO. 15B. SUPPLIES/SERVICES 15C. QUANTITY 15D. UNIT 15E. UNIT PRICE 15F. AMOUNT
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Title: Large Scale Automated DNA Sequencing of Human Genes INCREMENTALLY FUNDED
Involved in Neurological Disorders FY 94 $490,973
PRINCIPAL INVESTIGATOR: Lynn Doucette-Stamm, Ph.D. FY 95 $496,606
CONTRACT TERM: 12/1/93 - 11/30/96 FY 96 $520,858
CONTRACT TYPE: Cost-Plus-A-Fixed-Fee
RFP-NIH-NINDS-93-11
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15G. TOTAL AMOUNT OF CONTRACT $1,508,437
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16. TABLE OF CONTENTS
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() SEC DESCRIPTION PAGE(S) () SEC DESCRIPTION PAGE(S)
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x A Solicitation/Contract Form 1 X 1 Contract Clauses 20
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X B Supplies or Services and Prices/Costs 3 Part III - List of Documents, Exhibits and Other Attach.
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X C Description/Specs.Work Statement 6 X J List of Attachments 27
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X D Packaging and Marking 10 Part IV - Representations and Instructions
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X E Inspection and Acceptance 11 K Representations, Certifications and
Other Statements of Offerors
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X F Deliveries or Performance 12 L Instrs., Cond., and Notices to Offerors
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X G Contract Administration Data 14 M Evaluation Factors for Award
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X H Special Contract Requirements 28
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CONTACTING OFFICER WILL COMPLETE ITEM 17 OR 18 AS APPLICABLE
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17. [] CONTRACTOR'S NEGOTIATED AGREEMENT (Contractor is required 18. [] AWARD (Contractor is not required to sign this
to sign this document and return TWO copies to issuing office.) document.) Your officer on Solicitation Number
Contractor agrees to furnish and deliver all items or perform all _______________________________________, including the
the services set forth or otherwise identified above and on any additions or changes made by you which additions or
continuation sheets for the consideration stated herein. The changes are set forth in full above, is hereby
rigths and obligations of the parties to this contract shall be accepted as to the items listed above and on any
subject to and governed by the following documents: (a) this continuation sheets. This award consummates the
award/contract, (b) the solicitation, if any and (c) such contract which consists of the following documents.
provisions, representations, certifications, and specifications, (a) the Government's solication and your offer, and
as are attached or incorporated by reference herein. (Attachments (b) this award/contract. No further contractual
are listed herein.) document is necessary.
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19A. Name and Title of Signer (Type or print) 20A. Name of Contracting Officer
Gerald F. Vovis, Ph.D. Kirkland L. Davis
Senior Vice President, R&D
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19B. Name of 19C. Date Signed 20B UNITED 20D. DATE SIGNED
Contractor STATES OF
AMERICA
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Section B - SUPPLIES OR SERVICES AND PRICES/COSTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
ARTICLE B.1 BRIEF DESCRIPTION OF SUPPLIES OR SERVICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
ARTICLE B.2 ESTIMATED COST AND FIXED-FEE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
ARTICLE B.3 PROVISIONS APPLICABLE TO DIRECT COSTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Section C - DESCRIPTION/SPECIFICATION/WORK STATEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
ARTICLE C.1 WORK STATEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Section D - PACKAGING AND MARKING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Section E - INSPECTION AND ACCEPTANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
ARTICLE E.1 INSPECTION AND ACCEPTANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Section F - DELIVERIES AND PERFORMANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
ARTICLE F.1 PERIOD OF PERFORMANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
ARTICLE F.2 TECHNICAL REPORTING REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
ARTICLE F.3 DELIVERY OF REPORTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
ARTICLE F.4 STOP WORK ORDER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Section G - CONTRACT ADMINISTRATION DATA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
ARTICLE G.1 KEY PERSONNEL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
ARTICLE G.2 PROJECT OFFICER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
ARTICLE G.3 INVOICE SUBMISSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
ARTICLE G.4 CONTRACT FINANCIAL REPORT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
ARTICLE G.5 GOVERNMENT PROPERTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Section H - SPECIAL CONTRACT REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
ARTICLE H.1 REFERENCES TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES . . . . . . . . . . . . . . . . . . . . . . . . 19
ARTICLE H.2 REIMBURSEMENT OF COSTS FOR INDEPENDENT RESEARCH AND DEVELOPMENT PROJECT . . . . . . . . . . . . . . . . . 19
ARTICLE H.3 REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFEROR . . . . . . . . . . . . . . . . . . . . . 19
ARTICLE H.4 SALARY RATE LIMITATION LEGISLATION PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
ARTICLE H.5 HUMAN SUBJECTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
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Section I - CONTRACT CLAUSES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
ARTICLE I.1 CLAUSES INCORPORATED BY REFERENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
ARTICLE I.3 ADDITIONAL CONTRACT CLAUSES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
ARTICLE I.4 CLAUSES INCLUDED IN FULL TEXT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Section J - LIST OF ATTACHMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
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Contract No. NO1-NS-4-2305
SECTION B
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SUPPLIES OR SERVICES AND PRICES/COSTS
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ARTICLE B.1 BRIEF DESCRIPTION OF SUPPLIES OR SERVICES
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The contract involves research and development to improve and provide large
scale DNA template production applicable to large scale DNA sequencing
analysis. In addition, performance under the contract will require screening
and amplification of clones from lambda, cosmid, or YAC libraries and
biological samples, and gentic typing with highly informative PCR-based
markers.
ARTICLE B.2 ESTIMATED COST AND FIXED-FEE
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(a) The estimated cost for performance of work under this
contract, including all direct and indirect costs is
$1,373,414.00.
(b) The fixed-fee for this contract is $135,023.000. The fee
shall be paid in direct ratio to the level of effort
expended; that is, the percent of fee paid shall be equal
to the percent of effort actually expended. Payment shall
be subject to the withholding provisions of the clauses
Allowable Cost and Payment, and Fixed Fee incorporated
herein and made a part of this contract. Payment of
fixed-fee shall not be made in less than monthly increments.
(c) The Government's obligation, represented by the sum of the
estimated cost plus fixed-fee, is $1,508,437.00.
(d) Total funds currently available for payment and allotted
to this contract are $490,973.00, of which $447,026.00
represents the estimated reimbursable costs, and $43,947.00
the fixed fee. For further provisions on funding, refer to
the LIMITATION OF FUNDS clause.
(e) It is estimated that the amount currently allotted will
cover performance of work under the contract through
November 30, 1994.
(f) The Contracting Officer may allot additional funds to the
contract without the concurrence of the Contractor.
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(g) It is estimated that future allotments will be awarded as
follows:
Period Est. Cost Fee Total
12/1/94-11/30/95 $452,155 $44,451 $496,606
12/1/95 - 11/30/96 $474,233 $46,625 $520,858
ARTICLE ARTICLE B.3 PROVISIONS APPLICABLE TO DIRECT COSTS
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(a) Items Unallowable Unless Otherwise Provided
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Notwithstanding the clauses Allowable Cost and Payment and
Subcontracts (Cost-Reimbursement and Letter Contracts)
incorporated in this contract, unless authorized elsewhere in
this contract or in writing by the Contracting Officer, the
costs of the following items or activities shall be
unallowable as direct costs:
(1) Acquisition, by purchase or lease, of any interest in
real property;
(2) Special rearrangement or alteration of facilities;
(3) Purchase or lease of any item of general purpose
office furniture or office equipment regardless of
dollar value (general purpose equipment is defined as
any items of personal property which are usable for
purposes other than research, such as office equipment
and furnishings, pocket calculators, etc.);
(4) Travel to attend general scientific meetings;
(5) Foreign travel - see b.2. below;
(6) Patient care costs; and
(7) Accountable Government property (defined as both real
and personal property with an acquisition cost of
$1,000 or more and a life expectancy of more than two
years) and "sensitive items" (defined and listed in the
CONTRACTOR'S GUIDE FOR CONTROL OF GOVERNMENT PROPERTY,
1990), regardless of acquisition value.
(b) Travel Costs
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(1) Domestic Travel
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a. Total expenditures for domestic travel (including
transportation, lodging, subsistence, and incidental
expenses) incurred in direct performance of this
contract shall not exceed $3,200 without the prior
written approval of the Contracting Officers.
b. Reimbursement of travel costs directly attributable
to contract performance and any other travel approved
by the Contracting Officer shall be made in
accordance with the provisions set forth below:
1. This contract is subject to the provisions of
Section 24 of Public Law 99-234 which amends
the Office of Federal Procurement Policy Act
to provide that contractor costs for travel,
including lodging, other subsistence, and
incidental expenses, shall be allowable only
to the extent that they do not exceed the
amount allowed for Federal employees.
2. The contractor, therefore, shall invoice and
be reimbursed for all travel costs in
accordance with FAR 31.205-46.
(2) Foreign Travel
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Requests for foreign travel must be submitted at
least six weeks in advance, and shall contain the
following: (a) meeting(s) and place(s) to be
visited, with costs and dates; (b) name(s) and
title(s) of Contractor personnel to travel, their
functions in the contract project; (c) contract
purposes to be served by the travel; (d) how travel
of Contractor personnel will benefit and contribute
to accomplishing the contract project, or will
otherwise justify the expenditure of NIH contract
funds; (e) how such advantages justify the costs for
travel and absence from the project of more than one
person, if such is suggested; and (f) what additional
functions may be performed by the traveler(s) to
accomplish other purposes of the contract and thus
further benefit the contract.
ARTICLE ARTICLE B.4 ADVANCE UNDERSTANDINGS
(a) Other provisions of this Contract notwithstanding, approval of
the following items within the limits set forth is hereby
granted without further authorization from the Government:
(1) Purchase a computer software package (Fourth Dimension),
including Compiler, and Runtime License, in an amount
of $1,052.
(2) Travel costs (including air fair, registration fees,
ground transportation, and incidental expenses) for the
Principal Investigator to attend the annual "Genome
Sequencing and Analysis Conference" held each summer in
Hilton Heal, South Carolina. Travel to this conference is
authorized for 1994, 1995, and 1996. The total amount
authorized for this travel, during the period of this
contract, is $3,200.
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(b) In no event shall the final amount reimbursable for overhead
costs exceed a ceiling rate of 80% of total costs, excluding
equipment. The Contractor shall complete all work in accordance
with the STATEMENT OF WORK, terms, and conditions of this
contract. Any overhead costs over and above this cost ceiling
shall not be reimbursed under this contract or by any other
Government contract, grant or cooperative agreement.
SECTION C
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DESCRIPTION/SPECIFICATION/WORK STATEMENT
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ARTICLE C.1 WORK STATEMENT
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(a) Introduction:
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The key objectives of the requested research effort are to
speed up ongoing genetic research to obtain data critical for
diagnosis, treatment and prevention of genetic neurological
disorders. The contractors will perform genetic research at
the most labor-intensive, space- and time- consuming
preparatory level. This will enable the NINDS Sequencing
facility, using highly efficient automated analysis, to extend
these preliminary results. Investigators could then be
supplied with analyzed sequences, candidate disease gene loci
from genetic typing, candidate exons from physical maps or
candidate disease-specific mutations.
The NINDS DNA sequencing facility is currently equipped with
four ABI 373A DNA sequencers and ABI Catalyst robotic station
for performing sequencing reactions. Thirty six templates a
day can be sequenced per sequencer. The same sequencers can
be used for automatic genetic typing and identification of
unknown mutations using single-strand conformational
polymorphism (SSCP) protocols. The capacity of this Facility
is very substantial and that places pressure on the other
steps of the overall process, in particular the production of
sequencing templates, carrying out sequencing reactions,
marker selection for genetic typing, preparing and initial
testing of genomic libraries, storage and analysis of data.
This research is to improve and provide large scale DNA
template production applicable to automated DNA sequence
analysis.
(b) Technical Specifications:
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Independently, and not as an agent of the Government, the
contractor shall exert its best efforts to continue
development of new and highly reproducible rapid DNA template
production and purification procedures which provide DNA of
sufficient purity for highly accurate automated DNA sequence
analysis. It is estimated that the Contractor will be
required to provide approximately 10,000 purified DNA template
preparations/year; genetic
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typing in the amount of approximately 70 to 100 markers per
100 samples/year; and screening approximately 10 to 20
libraries/year. The sources of DNA shall be provided to the
Contractor by the NINDS.
Specifically, the Contractor shall:
(1) Carry out procedures for the creation of ordered
deletions in large DNA fragments, develop new procedures
to facilitate the generation of such deletions in DNA
fragments of interest to the Government. The goal is to
make in a given fragment overlapping deletions suitable
for sequencing by the use of the Applied Biosystems 373A
DNA Sequencer. This shall require sets of deleted
clones with each clone delete for about 300 bases
relativeto the next larger clone and about 100 base
overlap with the adjacent deletion clone.
(2) Develop procedures to facilitate the preparation of
large numbers of DNA templates in order to provide
DNA sequence analysis of sufficient purity to permit
automated DNA sequence analysis of greater than 99%
accuracy over 400 bases/template.
(3) Templates shall be prepared from a variety of
substrates, including single strand phage DNA, double
strand plasmid DNA, phagemid DNA, and genomic DNA as
necessary for a particular gene. Sources of DNA may be
clonal bacterial cell-lines or phage supernants,
plasmids or bacteriophage, bacteriophage libraries, or
plasmid libraries. In the case of phage libraries, the
library will be converted by the contractor to plasmid
form by in vivo excision. Clones for template
preparation will be selected at random or after
screening with probes supplied by NIH that are designed
to eliminate undesirable clones.
(4) The goals outlined in 1 and 2 (above) shall be
accomplished by utilizing a variety of procedures
depending upon the particular substrate being used.
These procedures would include, but not be limited to,
polymerase chain reaction, PEG precipitation, cesium
chloride gradients, column chromatography and continuous
eluction gel electrophoresis, in an attempt to establish
the most rapid/cost effective and high quality procedure
for DNA template isolation and purification.
(5) The contractor shall be required to produce
approximately 10,000 DNA templates of sufficient
purity per year for automated DNA sequence analysis.
(6) The contractor shall provide at least 20 micrograms of
each DNA template.
(7) As a part of the evaluation process the NINDS Project
Officer will provide frequent feed-back information to
the Contractor concerning the template quality and
quantity, and the actual size of deletions. The
Contractor shall provide the Project Officer with
information concerning the enzymes being used for
ongoing subcloning to determine
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the absolute orientation and position of subclones
and deletions with respect to the original clone.
This information sent back to the contractor will
aid in procedure modification pursuant to the above
goals.
(8) The contractor shall select highly polymorphic markers
appropriate for genetic typing of a disease affected
pedigre and conduct genetic typing using DNA source
provided by the Government to exclude genetic linkage to
the disease gene in certain areas of the genome as
determined by the Project officer.
(9) The contract shall perform initial screening of YAC or
cosmid libraries using hybridization and PCR with
probes or primers that will be identified by the Project
Officer. The YAC or cosmid clones containing the
fragment of interest shall be subclined into plasmids.
The subclines should contained each fragment in both
orientations and ordered deletions generated if
requested by the Project Officer.
(c) Special Requirements
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(1) Performance of work under this contract shall not
support or include any activity or studies indirectly
involving either human subjects or live vertebrate
animals.
(2) To facilitate the establishment of communications for
the data in both locations, the Contractor shall
provide the NINDS with the documentation for the design
of their data base as well as the scripts and source
codes.
(3) The Contractor understands that all clones furnished by
the Government are the property of the Government. The
Contractor shall use the clones for the purpose of
performing the contract. The clones and any subsequent
materials derived from them shall not be used for any
other purpose, specifically, but not limited to their
use as probes for mapping or any other purpose or
distributed to any other partners. The Contractor also
understands that all data, subclones or other material
derived from the Government furnished material are
solely the property of the Government. All information
concerning the Government provided samples shall be
considered privileged information and shall not be
disseminated to any parties not directly involved in the
execution of the contract. The Contractor understands
that it has no rights, commercial or otherwise, to data
derived from the sequence of the Government supplied
material or derivatives of that material nor data
derived from the use of subclones provided by the
Government and used by the Government or their
collaborators for any purpose. The Contractor shall
have rights to any procedures or materials developed
solely by them under the contract for the preparation of
templates, automation of procedures, construction of new
vectors, and other processes or constructions that are
generated in performance of this contract. The
Contractor understands that the Government retains the
right of a royalty free license to use such inventions
as may be developed by the Contractor under this
Contract. The Contractor
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shall provide the NINDS with a copy of any manuscript
they propose to publish to insure that they have only
included information concerning procedures that the
Contractor has developed, and is not revealing
privileged information about Government supplied
materials.
(4) The Contractor shall store all clones it derives until
notified by the NINDS. Upon receiving written
instructions from the NINDS, the Contractor will send
such clones to the NINDS or destroy them.
(d) Government Furnished Materials
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(1) The Government shall provide the source of DNA to the
Contractor for clone preparation and purification.
The source of DNA will be plasmid transfected or
phage infected cells, genomic DNA, plasmid DNA, phage
supernatants as deemed appropriate by the NINDS
Project Officer, based on the particular scientific
needs of the Government. The source of DNA will
usually be one of three classes which shall require
somewhat different processing by the Contractor.
Class one shall be human total genomic DNA which the
contractor shall use for genetic mapping. Class two
shall be YAC, cosmid or lambda clones containing
genomic DNA or plasmid clones containing cDNA which
the contractor shall use to subclone into a vector
suitable for ordered deletion generation, generate
ordered deletions and prepare templates for automated
sequencing. Class three shall be plasmid or phage
clones containing small inserts which the Contractor
shall amplify and purify and prepare for automated
sequencing. NINDS will provide instructions on the
procedure needed.
(2) Government property acquired under contract
NO1-NS-0-2387 is hereby transferred for use in direct
performance of work hereunder and is made available
on an "as is" basis. A list of this property is
provided as Attachment #1 under Section J. FAR clause
52.245-19, Government Property Furnished "As Is," is
hereby made part of this contract. This clause is in
addition to FAR clause 52.245-5, Government Property
(Cost Reimbursement, Time-and-Material, or Labor-Hour
Contract), also made a part of this contract.
ARTICLE C.2 LEVEL OF EFFORT
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(a) In accomplishing the work set forth herein, the Contractor
shall provide the labor hours per labor category as specified
below during the period set forth in Section F, Article F.1.
The labor hours exclude absences for vacation, sick leave, and
holidays. It is estimated that the labor hours will be
expended approximately as follows:
Labor Category Year 1 Year 2 Year 3
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Principal Investigator 520 520 520
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Prog. Analyst 208 208 208
Laboratory Technicians 6,240 6,240 6,240
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Total Hours 6,968 6,968 6,968
(b) The Contractor agrees to use its best efforts to accomplish
all the work outlined or referenced under Article C.1. above.
Performance of the requirements under this Article will be
considered acceptable if the work is performed in accordance
with high standards of scientific and professional skills and
the indicated level of effort has been substantially applied,
provided, however, that all other requirements are met,
including delivery of reports and other materials as may be
required under the contract. Substantially applied means
delivery of at least 90% of the total labor hours specified.
(c) In the event fewer hours than that above are used by the
Contractor in accomplishing the work prescribed in Article
C.!., and the Government has not invoked its rights under FAR
Clause 52.249-6, Termination (Cost-Reimbursement),
incorporated in this contract the parties agree that the fee
will be adjusted based solely upon the quantity of hours by
which the number of hours furnished is less than the number of
hours specified in this Article. The resulting adjustment
shall be evidenced by a contract modification.
SECTION D
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PACKAGING AND MARKING
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1. The Contractor shall be responsible for transfer of the
completed templates to the NINDS in a manner that assures the
biological and chemical stability of the samples. The samples
shall be shipped on wet/dry ice via overnight mail service to
the following address:
Project Officer
DNA Sequencing Facility
Section of Neurogenetics
Division of Intramural Research
National Institute of Neurological
Disorders and Stoke, NIH,
Park Building, Room 405
12420 Parklawn Drive
Rockville, Maryland 20857
2. The cover page of all report deliverables shall be marked
in accordance with the following identifiers:
(a) Title:
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(b) Contract Number:
(c) Name of Contractor:
(d) Name of Principal Investigator:
(e) Report deliverables shall be identified by type i.e.
(Progress Reports, Salient Result Report, and/or Final
Report), and indicate the period covered.
SECTION E
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INSPECTION AND ACCEPTANCE
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ARTICLE E.1 INSPECTION AND ACCEPTANCE
(a) The Contracting Officer or a duly authorized representative
shall perform inspection and acceptance of all materials,
reports, and services to be provided.
(b) For the purposes of this ARTICLE, the Project Officer
designated in Article G.2. is the authorized representative
of the Contracting Officer.
(c) Inspection and acceptance of contract work and/or deliverables
shall be performed at the DNA Sequencing Facility, Section of
Neurogenetics, Division of Intramural Research, National
Institute of Neurological Disorders and Stroke, NIH, Park
Building, Room 405, 12420 Parklawn Drive, Rockville, Maryland
20857; or at the Contractor's facility. The Project Officer
may make regular visits to the Contractor's facility in order
to monitor progress of work. Acceptance of work may be
presumed unless otherwise indicated in writing by the
Contracting Officer within 30 days after performance or
delivery of specified items.
(d) This contract incorporates the following clause by reference,
with the same force and effect as if it were given in full
text. Upon request, the Contracting Officer will make its full
text available.
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSE: 52.246-9,
INSPECTION OF RESEARCH-DEVELOPMENT (Short Form) (APRIL 1984).
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SECTION F
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DELIVERIES AND PERFORMANCE
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ARTICLE F.1 PERIOD OF PERFORMANCE
- ---------------------------------
The period of performance of this contract shall be from December 1, 1993
through November 30, 1996. The period of performance encompasses submission,
review and acceptance of the final report, and any other deliverables as may be
required under the contract.
ARTICLE F.2 TECHNICAL REPORTING REQUIREMENTS
- --------------------------------------------
In addition to those reports required by SECTION I and other terms of this
contract, the Contractor shall prepare and deliver to the Project Officer, with
one additional copy to the Contracting Officer, the following reports in the
manner stated below:
(a) Progress Reports
----------------
One (1) copy of a quarterly progress report plus abstract
including a description of work performed during the period
reported upon, and the anticipated work plan for the coming
quarter, due 30 days after the last day of the quarter. A
quarterly report is not due for the quarterly period in which
the final report falls due.
(b) Salient Results Reports
-----------------------
One (1) copy of a yearly report, which discusses and
summarizes salient results achieved in the previous contract
year. These reports are required for only the first and second
contract years, and shall be delivered within ten days
following the close of the yearly period reported upon.
(c) Final Report
------------
Five (5) copies of a comprehensive final report plus abstract
shall be submitted on or before the expiration date of the
contract. All copies of publications supported by the contract
shall be included. The final report shall contain sufficient
detail to enable the sponsoring NINDS Division or other
competent parties to duplicate the results of the Contractor
in the complete processing of large insert clones to
sequenceable templates generated by ordered deletion as
described in the Statement of Work. The report shall contract
enabling detail of all new procedures or processes developed
by the Contractor under this contract, especially concerning
the use of robotics, other automated procedures, or any other
changes from the original starting point of the research. The
report shall contain sufficient detail to enable the NINDS
Project Officer to evaluate the effectiveness of the original
procedures in the hands of the Contractor as well as to
compare the effectiveness of the original procedures with the
-14-
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procedures developed by the Contractor. The final report shall
also include details concerning problems with the procedures
and strategies employed in carrying out the contract.
(d) Verbal Reports
--------------
The Contractor shall conduct weekly discussions with the NINDS
Project Officer on the current status of the project, status
of samples being processed, etc.
ARTICLE F.3 DELIVERY OF REPORTS
- --------------------------------
Copies of the reports specified in ARTICLE F.2. above shall be delivered
f.o.b. destination to the following addresses:
(1) Project Officer
DNA Sequencing Facility
Section of Neurogenetics, DIR
National Institute of Neurological Disorders
and Stroke, NIH,
Park Building, Room 405
12420 Parklawn Drive
Rockville, Maryland 20857
(2) Contracting Officer
Contracts Management Branch, DEA
National Institute of Neurological
Disorders and Stroke, NIH
Federal Building, Room 901
7550 Wisconsin Avenue
Bethesda, Maryland 20892
ARTICLE F.4 STOP WORK ORDER
- ----------------------------
This contract incorporates the following clause by reference, with the same
force and effect as if it were given in full text. Upon request, the Contracting
Officer will make its full text available.
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER I) CLAUSE: 52.212-13, STOP WORK
ORDER, (AUGUST 1989) with ALTERNATE I (APRIL 1984).
SECTION G
---------
CONTRACT ADMINISTRATION DATA
----------------------------
ARTICLE G.1 KEY PERSONNEL
- --------------------------
-15-
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(a) Pursuant to the Key Personnel clause incorporated in this
contract, the following individual is considered to be
essential to the work being performed hereunder:
Name Title
---- -----
Lynn Doucette-Stamm, Ph.D. Principal Investigator
(b) The clause cited above contains a requirement for review and
approval by the Contracting Officer of written request for
change of Key Personnel reasonably in advance of diverting
this individual from the contract. Advance notice should not
be less than thirty (30) days prior to departure.
ARTICLE G.2 PROJECT OFFICER
- ----------------------------
(a) The following official will represent the Government for the
purpose of this contract:
Name Title
---- -----
Lev Goldfarb, Ph.D. Project Officer
(b) The Project Officer is responsible for (1) monitoring the
contractor's technical progress, including the surveillance
and assessment of performance, and recommending to the
Contracting Officer changes in requirements; (2) interpreting
the Statement of Work and any other technical performance
requirements; (3) performing technical evaluation as required;
(4) performing technical inspections and acceptances required
by this contract; and (5) assisting in the resolution of
technical problems encountered during performance.
(c) The Contracting Officer is the only person with the authority
to act as agent of the Government under this contract. Only
the Contracting Officer has authority to (1) direct or
negotiate any changes in the Statement of Work; (2) modify or
extend the period of performance; (3) change the delivery
schedule; (4) authorize reimbursement of costs incurred during
the performance of this contract; or (5) otherwise change any
terms and conditions of this contract.
(d) The Government may unilaterally change its Project Officer
designation.
ARTICLE G.3 INVOICE SUBMISSION
- -------------------------------
(a) Invoice/Financing Request Instructions for NIH
Cost-Reimbursement Type Contracts, NIH (RC)-1, are attached
and made part of this contract. These instructions and the
following directions for the submission of invoices/financing
requests must be followed to meet the requirements of a
"proper" payment request pursuant to FAR Subpart 32.9.
-16-
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(b) Invoices/financing requests shall be submitted concurrently
as follows:
(1) An original and two copies to the following
designated payment office:
Chief, Contracts Section, FAAB
Division of Financial Management
National Institutes of Health
Building 31, Room B1B05A
9000 Rockville Pike
Bethesda, Maryland 20892
(2) Three copies to the following approving officer:
Contracting Officer
Contracts Management Branch
National Institute of Neurological
Disorders and Stroke, NIH
Federal Building, Room 901
7550 Wisconsin Avenue
Bethesda, Maryland 20892
(c) Inquiries regarding payment of invoices/financing requests
should be directed to the designated payment office, attention
Chief, Contracts Section, FAAB, (301) 496-6452.
ARTICLE G.4 CONTRACT FINANCIAL REPORT
- --------------------------------------
(a) Financial reports on the attached Form NIH 2706, Financial
Report of Individual Project/Contract, shall be submitted by
the Contractor in accordance with the instructions, which
accompany the form, in an original and two copies, not later
than the thirtieth (30th) working day after the close of the
reporting period. The line entries for elements of cost
(expenditure categories) which shall be reported within the
total contract are listed in paragraph (e) below. Subsequent
changes and/or additions in the line entries shall be made in
writing.
(b) In accordance with that part of the NIH 2706 instructions
entitled "Preparation Instructions," all columns A through J
shall be completed for each report submitted.
(c) The first financial report shall cover the period consisting
of the first full three calendar months following the
effective date of the contract, in addition to any fractional
part of the initial month. Thereafter, reports shall be
submitted on a quarterly basis.
-17-
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(d) The Contracting Officer may require the Contractor to submit
detailed support for costs contained in one or more interim
financial reports. This clause does not supersede the record
retention requirements in FAR 4.7.
(e) The following expenditure categories shall be reported:
Expenditure Categories Hours
---------------------- -----
-Personnel - Key (PI) 1,560
-Personnel - Prog. Analyst 624
-Personnel - Lab. Technicians 18,720
Fringe Benefits
-Materials/Supplies
-Travel
-Equipment
-Other Direct Costs
-Overhead Costs
-Fixed Fee
-Total Cost to the Government
ARTICLE G.5 GOVERNMENT PROPERTY
- --------------------------------
(a) Control of Government Property
------------------------------
In addition to the requirements of the clause, GOVERNMENT
PROPERTY, incorporated in this contract, the Contractor shall
comply with the provisions of DHHS Publication, CONTRACTOR'S
GUIDE FOR CONTROL OF PROPERTY, 1990, which is incorporated by
reference. Among other issues, this publication provides a
summary of the Contractor's responsibilities regarding
purchase authorizations and inventory and reporting
requirements under the contract. Copies of the publication may
be obtained from the Research Contracts Property
Administration, National Institutes of Health, Building 13,
Room 2E-65, 9000 Rockville Pike, Bethesda, Maryland 20892.
In the event of an inconsistency between this publication and
the terms and conditions of this contract, the terms and
conditions of the contract shall prevail.
(b) Contractor-Acquired Government Property - Schedule I-A
------------------------------------------------------
Pursuant to the clause, GOVERNMENT PROPERTY, incorporated in
this contract, the Contractor is hereby authorized to acquire
the property listed below for use in direct performance of
work under this contract. Title to this property shall vest in
the Government.
QUANTITY DESCRIPTION TOTAL COST
-18-
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2 (Two) Power Supply (Computer Controlled) $4,990
Bio-Rad, @ $2,495 each
4 (Four) Poker-Face Gel Electrophoresis
Apparatus (Hofer) @ $925 each $3,700
2 (Two) 12 Channel Pipetting Syringe
(Hamilton) @ $650 each $1,300
1 (One) Macintosh Centris 650 Computer
with Radius Display, Keyboard, etc. $4,017
Sales tax, transportation, and/or installation charges are allowable, but must
be listed and billed separately. The attached form HHS-565, Report of
Capitalized and Nonexpendable Equipment, must be completed pursuant to the NIH
Invoice/Financing Request Instructions and forwarded with the financing request
in which such charges are claimed. Equipment reported on the form HHS-565 must
be sent to the NIH Property Administrator, Building 13, Room 2E-65, Bethesda,
MD, 20892. No substitution of equipment shall be made without the prior
written approval of the Contracting Officers. Unit prices for the above
property may not exceed the authorized amounts by more than fifteen (15)
percent without written authorization of the Contracting Officer.
NIH decal numbers (attached) shall be affixed to the equipment
authorized above.
(c) Government Furnished Property - Schedule II-1
---------------------------------------------
Pursuant to the clause Government Property incorporated in
this contract, the Contractor is hereby authorized to retain
custody of the property listed in the attached Schedule II-A
(Attachment #1 under Section J) for use in direct performance
of this contract. Accountability for the items listed in
Schedule II-A is hereby transferred to this contract from
predecessor Contract No. NO1-NS-O-2387, under which these
items were provided by the Government. Title to this property
shall remain in the Government.
SECTION H
---------
SPECIAL CONTRACT REQUIREMENTS
-----------------------------
ARTICLE ARTICLE H.1 REFERENCES TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES
- -----------------------------------------------------------------------------
All references to the Secretary, Department of Health, Education and Welfare,
HEW, HEWPR, HEW forms, etc., shall be changed to Secretary, Department of
Health and Human Services, HHS, HHSAR, etc., as appropriate.
-19-
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ARTICLE H.2 REIMBURSEMENT OF COSTS FOR INDEPENDENT RESEARCH AND DEVELOPMENT
- ----------------------------------------------------------------------------
PROJECT
- -------
The primary purpose of the Public Health Service (PHS) is to support and
advance independent research within the scientific community. This support is
provided in the form of contracts and grants totaling approximately 7 billion
dollars annually. PHS has established effective, time tested and well
recognized procedures for stimulating and supporting this independent RESEARCH
by selecting from multitudes of applications those research projects most
worthy of support within the constraints of its appropriations. The
reimbursement through the indirect cost mechanism of independent research and
development costs not incidental to product improvement would circumvent this
competitive process.
To ensure that all research and development projects receive similar and equal
consideration, all organizations may compete for direct funding of independent
research and development projects they consider worthy of support by submitting
those projects to the appropriate Public Health Service grant office for
review. Since these projects may be submitted for direct funding, the
Contractor agrees that no costs for any independent research and development
project, including all applicable indirect costs, will be claimed under this
contract.
ARTICLE H.3 REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFEROR
- ---------------------------------------------------------------------------
The Contractor's Representations, Certifications and Other Statements of
Offeror dated July 26, 1993 are incorporated and made a part of this contract
by reference.
ARTICLE H.4 SALARY RATE LIMITATION LEGISLATION PROVISIONS
- ----------------------------------------------------------
(a) Pursuant to the Public Law(s) cited in paragraph (b) below,
no NIH Fiscal Year funds for the applicable fiscal year(s)
and periods cited in paragraph (b) may be used to pay
the direct salary of an individual through this contract
at a rate in excess of the applicable amount shown
for the fiscal year and period covered. Direct salary is
exclusive of overhead, fringe benefits and general and
administrative expenses. The per year salary rate limit also
applies to individuals proposed under subcontracts. If this
is a multi-year contract. It may be subject to unilateral
modifications by the Government if an individual's salary rate
exceeds any salary rate ceiling in future DHHS appropriation
acts.
(b) Public Law No. Fiscal Year Period Salary Rate Limit
-------------- ----------- ------ -----------------
103-112 1994 10/1/93-9/30/94 $125,000
ARTICLE H.5 HUMAN SUBJECTS
- ---------------------------
It is hereby understood and agreed that research involving human subjects shall
not be conducted under this contract, and that no material developed, modified,
or delivered by or to the Government under this contract, or any subsequent
modification of such material, will be used by the Contractor or made available
by the Contractor for use by anyone other than the Government, for experimental
or therapeutic use involving
-20-
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humans without the prior written approval of the Contracting Officer.
SECTION I
---------
CONTRACT CLAUSES
----------------
ARTICLE I.1 CLAUSES INCORPORATED BY REFERENCE
- ----------------------------------------------
GENERAL CLAUSES FOR A COST-REIMBURSEMENT
----------------------------------------
RESEARCH AND DEVELOPMENT CONTRACT
---------------------------------
This contract incorporates the following clauses by reference, with the same
force and effect as if they were given in full text. Upon request, the
contracting officer will make their full text available.
-21-
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(a) FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1) CLAUSES
FAR
CLAUSE NO. TITLE AND DATE
---------- --------------
52.203-1 Officials Not to Benefit (APRIL 1984)
52.203-3 Gratuities (APRIL 1984)
52.203-5 Covenant Against Contingent Fees (APRIL 1984)
52.203-6 Restrictions on Subcontractor Sales to the Government (JULY 1985)
52.203-7 Anti-Kickback Procedures (OCTOBER 1988)
52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (SEPTEMBER 1990)
52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JANUARY 1990)
52.209-6 Protecting the Government's Interests when Subcontracting with Contractors Debarred, Suspended, or
Proposed for Debarment (NOVEMBER 1992)
52.215-1 Examination of Records by Comptroller General (FEBRUARY 1993)
52.215-2 Audit-Negotiation (FEBRUARY 1993)
52.215-22 Price Reduction for Defective Cost or Pricing Data (JANUARY 1991)
52.215-24 Subcontractor Cost or Pricing Data (DECEMBER 1991)
52.215-26 Integrity of Unit Prices (APRIL 1991)
52.215-27 Termination of Defined Benefit Pension Plans (SEPTEMBER 1989)
52.215-33 Order of Precedence (JANUARY 1986)
52.215-39 Reversion or Adjustment of Plans for Post Retirement Benefits Other Than Pensions (PRB) (JULY
1991)
52.216-7 Allowable Cost and Payment (JULY 1991)
52.216-8 Fixed-Fee (APRIL 1984)
-22-
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FAR
CLAUSE NO. TITLE AND DATE
---------- --------------
52.219-8 Utilization of Small Business Concerns and Small Disadvantaged Business Concerns (FEBRUARY 1990)
52.219-13 Utilization of Women-Owned Small Businesses (AUGUST 1986)
52.220-1 Preference for Labor Surplus Area Concerns (APRIL 1984)
52.220-3 Utilization of Labor Surplus Area Concerns (APRIL 1984)
52.222-2 Payment for Overtime Premiums (JULY 1990) NOTE: The dollar amount in paragraph (a) is $1 unless
otherwise specified in the contract.
52.222-3 Convict Labor (APRIL 1984)
52.222-26 Equal Opportunity (APRIL 1984)
52.222-28 Equal Opportunity Preaward Clearance of Subcontracts (APRIL 1984)
52.222-35 Affirmative Action for Special Disabled and Vietnam Era Veterans (APRIL 1984)
52.222-36 Affirmative Action for Handicapped Workers (APRIL 1984)
52.222-37 Employment Reports on Special Disabled Veterans and Veterans of the Vietnam Era (JANUARY 1988)
52.223-2 Clean Air and Water (APRIL 1984)
52.223-6 Drug Free Workplace (JULY 1990)
52.225-11 Restrictions on Certain Foreign Purchases (MAY 1992)
52.227-1 Authorization and Consent (APRIL 1984)
Alternate I (APRIL 1984)
52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (APRIL 1984)
-23-
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FAR
CLAUSE NO. TITLE AND DATE
---------- --------------
52-227-11 Patent Rights - Retention by the Contractor (Short Form) (JUNE 1989) Note: In accordance with FAR
27.303(a)(2), paragraph (f) is modified to include the requirements in FAR 27.303(a)(2)(i) through
(iv). The frequency of reporting in (i) is annual.
52.227-14 Rights in Data - General (JUNE 1987)
Alternates IV and V (JUNE 1987)
52.227-16 Additional Data Requirements (JUNE 1987)
52.232-9 Limitation on Withholding of Payments (APRIL 1984)
52.232-20 Limitation of Cost (APRIL 1984)
52.232-23 Assignment of Claims (JANUARY 1986)
52.232-25 Prompt Payment (SEPTEMBER 1992)
52.232-28 Electronic Funds Transfer Payment Methods (APRIL 1989)
52.233-1 Disputes (DECEMBER 1991)
52.233-3 Protest After Award (AUGUST 1989)
Alternate I (JUNE 1985)
52.242-1 Notice of Intent to Disallow Costs (APRIL 1984)
52.242-13 Bankruptcy (APRIL 1991)
52.243-2 Changes-Cost Reimbursement (AUGUST 1987)
Alternate V (APRIL 1984)
52.244-2 Subcontracts (Cost-Reimbursement and Letter Contracts) (JULY 1985)
52.244-5 Competition in Subcontracting (APRIL 1984)
52.245-5 Government Property (Cost-Reimbursement, Time-and-Material, or Labor-Hour Contract) (JANUARY 1986)
52.246-23 Limitation of Liability (April 1984)
-24-
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52.249-6 Termination (Cost-Reimbursement) (MAY 1986)
52.249-14 Excusable Delays (APRIL 1984)
52.253-1 Computer Generated Forms (JANUARY 1991)
(b) DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION
---------------------------------------------------
REGULATION (HHSAR) (48 CFR CHAPTER 3) CLAUSES
---------------------------------------------
HHSAR
CLAUSE NO. TITLE AND DATE
---------- --------------
352.202-1 Definitions (APRIL 1984)
Alternate I (APRIL 1984)
352.228-70 Insurance - Liability to Third Persons (DECEMBER 1991)
352.232-9 Withholding of Contract Payments (APRIL 1984)
352.233-70 Litigation and Claims (APRIL 1984)
352.242-71 Final Decisions on Audit Findings (APRIL 1984)
352.270-5 Publication and Publicity (JULY 1991)
352.270-7 Paperwork Reduction Act (APRIL 1984)
ARTICLE I.2 AUTHORIZED SUBSTITUTIONS AND MODIFICATIONS OF CLAUSES
- ------------------------------------------------------------------
ARTICLE I.1. of this SECTION is hereby modified as follows:
FAR Clause 52.216-7, ALLOWABLE COST AND PAYMENT, pursuant to paragraph
(d)(2), the cognizant Contracting Officer responsible for negotiating
provisional and/or final indirect cost rates is identified as follows:
Chief, Financial Advisory Services Branch
Division of Contracts and Grants, NIH
Building 31, Room 1B43
9000 Rockville Pike
Bethesda, Maryland 20892
Rates established by this office are hereby incorporated in the
contract without further action of the Contracting Officer.
-25-
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FAR Clause 52.232-20, LIMITATION OF COSTS, is deleted in its entirety
and LIMITATION OF FUNDS, FAR Clause 2.232-22, is substituted in lieu
thereof.
ARTICLE I.3 ADDITIONAL CONTRACT CLAUSES
- ----------------------------------------
This contract incorporates the following clauses by reference, with the same
force and effect, as if they were given in full text. Upon request, the
Contracting Officer will make their full text available.
(a) FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER I) CLAUSES
---------------------------------------------------------------
FAR 52.215-31 Waiver of Facilities Capital Cost of Money (SEPTEMBER
1987)
(b) DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION
---------------------------------------------------
REGULATION/PUBLIC HEALTH SERVICE ACQUISITION REGULATION
-------------------------------------------------------
(HHSAR/PHSAR) 48 CFR CHAPTER 3) CLAUSES
---------------------------------------
(THERE ARE NO APPLICABLE CLAUSES IN THIS SECTION)
(c) NATIONAL INSTITUTES OF HEALTH (NIH) RESEARCH CONTRACTING (RC)
-------------------------------------------------------------
CLAUSES
-------
NIH(RC)-1 Invoice/Financing Request Instructions for NIH
Cost-Reimbursement Type Contracts (06/18/92)
NIH(RC)-7 Procurement of Certain Equipment (APRIL 1984) (OMB
Bulletin 81-16)
-26-
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ARTICLE I.4 CLAUSES INCLUDED IN FULL TEXT
- ------------------------------------------
FAR 52.203-9 REQUIREMENT FOR CERTIFICATE OF PROCUREMENT
------------------------------------------
INTEGRITY-MODIFICATION (NOV 1990)
---------------------------------
(a) Definitions. The definitions set forth in FAR 3.104-4 are hereby
incorporated in this clause.
(b) The Contractor agrees that it will execute the certification set forth
in paragraph (c) of this clause when requested by the Contracting
Officer in connection with the execution of any modification of this
contract.
(c) Certification. As required in paragraph (b) of this clause, the
officer or employee responsible for the modification proposal shall
execute the following certification:
CERTIFICATION OF PROCUREMENT INTEGRITY - MODIFICATION (NOV 1990)
----------------------------------------------------------------
(1) I, [NAME OF CERTIFIER] am the officer or employee responsible for the
preparation of this modification proposal and hereby certify that, to the best
of my knowledge and belief, with the exception of any information described in
this certification, I have no information concerning a violation or possible
violation of subsection 27(a), (b), (d), or (f) of the Office of Federal
Procurement Policy Act, as amended* (41 U.S.C. 423), (hereinafter referred to
as "the Act"), as implemented in the FAR, occurring during the conduct of this
procurement (CONTRACT AND MODIFICATION NUMBER).
(2) As required by subsection 27(e)(1)(B) of the Act, I further certify
that to the best of my knowledge and belief, each officer, employee, agent,
representative, and consultant of [NAME OF OFFEROR] who has participated
personally and substantially in the preparation or submission of this proposal
has certified that he or she is familiar with, and will comply with, the
requirements of subsection 27(a) of the Act, as implemented in the FAR, and
will report immediately to me any information concerning a violation or
possible violation of subsections 27(a), (b), (d), or (f) of the Act, as
implemented in the FAR, pertaining to this procurement.
(3) Violations or possible violations: (Continue on plain bond paper if
necessary and label Certificate of Procurement Integrity -- Modification
(Continuation Sheet), ENTER "NONE" IF NONE EXISTS) _____________________________
________________________________________________________________________________
________________________________________________________________________________
_________________________________________
(Signature of the officer or employee responsible for the modification proposal
and date) _____________________________________________________________________
______________________________________________________________________
(Typed name of the officer or employee responsible for the modification
proposal) _____________________________________________________________________
_______________________________________________________________________________
*Subsections 27(a), (b), and (d) are effective on December 1, 1990. Subsection
27(f) is effective on June 1, 1991.
-27-
29
THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF
THE UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT
CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER TITLE 18,
UNITED STATES CODE, SECTION 1001.
(End of certification)
(d) In making the certification in paragraph (2) of the certificate, the
officer or employee of the competing Contractor responsible of the offer or
bid, may rely upon a one-time certification from each individual required to
submit a certification to the competing Contractor, supplemented by periodic
training. These certifications shall be obtained at the earliest possible date
after an individual required to certify begins employment or association with
the contractor. If a contractor decides to rely on a certification executed
prior to the suspension of section 27 (i.e., prior to December 1, 1989), the
Contractor shall ensure that an individual who has so certified is notified
that section 27 has been reinstated. These certifications shall be maintained
by the Contractor for a period of 6 years from the date a certifying employee's
employment with the company ends or, for an agency, representative, or
consultant, 6 years from the date such individual ceases to act on behalf of
the contractor.
(e) The certification required by paragraph (c) of this clause is a
material representation of fact upon which reliance will be placed in executing
this modification.
(End of clause)
-28-
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SECTION J
---------
LIST OF ATTACHMENTS
-------------------
The following documents are attached and incorporated in this contract:
1. Government Furnished Property-Schedule II-A, 1 page.
2. Form HHS-565, Report of Capitalized Nonexpendable Equipment, 2 pages
(with decal numbers).
3. NIH 2706, Financial Report of Individual/Project Contract with
Instructions, 3 pages.
4. NIH (RC)-1, Invoice/Financing Request Instructions for NIH
Cost-Reimbursement Type Contracts, (06/18/92), 6 pages.
5. NIH (RC)-7, Procurement of Certain Equipment, (4/84), (OMB Bulletin
81-16), 1 page.
-29-
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ATTACHMENT #1
GOVERNMENT FURNISHED PROPERTY - SCHEDULE II-A
---------------------------------------------
The Contractor is hereby authorized to retain custody of the Government
property listed below for use in direct performance of work under this
contract. Accountability for this equipment is transferred from predecessor
Contract No. NO1-NS-0-2387. This property is furnished in an "as is"
condition. The terms and conditions of FAR clauses 52.245-5 and 52.245-19
apply and are made a part of this contract.
Quantity Description
- -------- -----------
One (1) Biomek 1000 workstation with Genesis Software Model 373461 - Beckman Instruments)
One (1) Genesis Operating System (Model 357308 - Beckman)
One (1) Electronic Interface Unit (Model 373857 - Beckman)
One (1) IBM AT Computer (40Mb+monochrome monitor)
One (1) P20 Single-Tip Pipette Tool 1-20ml (Model 373092 - Beckman)
One (1) P200 Single-Tip Pipette Tool 20-200ml (Model 373090 - Beckman)
One (1) HCB 1000 Heater/Cooler Block Unit (Model 372815 - Beckman)
One (1) Multichannel pipette, eight-tip tool MP20
One (1) Multichannel pipette, eight-tip tool MP200
Seven (7) Model 2230M microcentrifuge with 24 place rotor (B. Hermle AG)
One (1) Model Z280 non-refrigerated microcentrifuge (Hermle)
One (1) Gene-Amp System 9600 thermocycler (Model N801-0001)
One (1) 486-33 Cache Personal Computer (includes computer, monitor and mouse)
One (1) High density replicating system (Model 372113 - Beckman)
One (1) Microtiter plate rotor (Hermle, C0360-59)
One (1) 24-place rotor (Hermle C0360-59)
-30-
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PROCUREMENT OF CERTAIN EQUIPMENT
--------------------------------
Notwithstanding any other clause in this contract, the Contractor will not be
reimbursed for the purchase, lease, or rental of any item of equipment listed
in the following FEDERAL SUPPLY GROUPS, REGARDLESS OF THE DOLLAR VALUE, without
prior written approval of the Contracting Officer.
67 - Photographic Equipment;
69 - Training Aids and Devices;
70 - General Purpose ADP Equipment, Software, Supplies and
Support (excluding 7045-ADP Supplies and Support
Equipment);
71 - Furniture;
72 - Household and Commercial Furnishing and Appliances.
74 - Office Machines and Visible Record Equipment; 77 -
Musical Instruments, Phonographs, and Home-type Radios; and
78 - Recreational and Athletic Equipment.
When equipment in these FEDERAL SUPPLY GROUPS is requested by the Contractor
and determined essential by the Contracting Officer, the Government will
endeavor to fulfill the requirement with equipment available from its excess
personal property sources; PROVIDED, the request is made under a
cost-reimbursement contract. Extensions or renewals of approved existing
leases or rentals of equipment in these FEDERAL SUPPLY GROUPS are excluded from
the provisions of this article.
-31-
33
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
1. CONTRACT ID CODE
2. AMENDMENT/MODIFICATION NO. 1
3. EFFECTIVE DATE See 16C below
4. REQUISITION/PURCHASE REQ. NO.
5. PROJECT NO. (IF APPLICABLE)
6. ISSUED BY
Contracts Management Branch
National Institute of Neurological
Disorders and Stroke, NIH
Federal Building, Room 901
Bethesda, MD 20892
7. ADMINISTERED BY (IF OTHER THAN ITEM 6)
8. NAME AND ADDRESS OF CONTRACTOR (NO., STREET, COUNTY, STATE AND ZIP
CODE)
Collaborative Research, Inc.
1365 Main Street
Waltham, Massachusetts 02154
9A. AMENDMENT OF SOLICITATION NO.
9B. DATED (SEE ITEM 11)
10A. MODIFICATION OF CONTRACT/ORDER NO. N01-NS-4-2305
10B. DATED (SEE ITEM 11) 12/1/93
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 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.
34
12. ACCOUNTING AND APPROPRIATION DATE (IF REQUIRED)
EIN: 1-042297484-A1 DOCN1NS42305A
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACT/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 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).
X C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO
AUTHORITY OF: FAR 1.602-1, and the mutual consent of the
parties
D. OTHER (SPECIFY TYPE OF MODIFICATION AND AUTHORITY)
E. IMPORTANT: CONTRACTOR ___ IS NOT / x / IS REQUIRED TO SIGN
THIS DOCUMENT AND RETURN TWO (2) COPIES TO THE ISSUING
OFFICE.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (ORGANIZED BY UCF SECTION
HEADINGS, INCLUDING SOLICITATION/CONTRACT SUBJECT MATTER WHERE
FEASIBLE.)
PURPOSE: To amend Article F.2., TECHNICAL REPORTING REQUIREMENTS, of the
contract.
CONTRACT
AMOUNT: Unchanged. The contract amount is neither increased nor decreased
by reason of this modification.
EXPIRATION
DATE: November 30, 1996 (Unchanged).
Except as provided herein, all terms and conditions of the document referenced
in Items 9A or 10A, as heretofore changed, remain unchanged and in full force
and effect.
15A. NAME AND TITLE OF SIGNER (Type or print)
Gerald F. Vovis
Senior Vice President, Research & Development
15B. CONTRACTOR/OFFEROR
_________________________
(Signature of person authorized to sign)
15C. DATE SIGNED
3/8/94
16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
-2-
35
Kirkland L. Davis
16B. UNITED STATES OF AMERICA
By____________________________________
(Signature of Contracting Officer)
16C. DATE SIGNED
-3-
36
CONTRACT NO. NO1-NS-4-2305
MODIFICATION NO. 1
THE GOVERNMENT AND THE CONTRACTOR MUTUALLY AGREE AS FOLLOWS:
ARTICLE F.2. - TECHNICAL REPORTING REQUIREMENTS - beginning with the effective
date of this modification, paragraph (a)-PROGRESS REPORTS-is amended to add the
following:
In an effort to standardized quarterly reporting periods and progress report
due dates, the following schedule should be followed for this contract:
Quarterly Reporting Periods Delivery Due Dates
--------------------------- ------------------
January 1 - March 31 April 30
April 1 - June 30 July 31
July 1 - September 30 October 31
October 1 - December 31 January 31
The first technical progress report required under this contract shall cover
the period DECEMBER 1, 1993 through MARCH 31, 1994, and shall be delivered by
APRIL 30, 1994. Thereafter reports shall be prepared and delivered in
accordance with the above schedule.
-4-
37
TECHNICAL REPORT SCHEDULE
-------------------------
Collaborative Research, Inc.
Contract No. N01-NS-4-2305
SCHEDULE FOR DELIVERY AND DISTRIBUTION OF TECHNICAL REPORTS
-----------------------------------------------------------
DELIVERY SCHEDULE
- -----------------
The reports required under Article F.2-TECHNICAL REPORTING REQUIREMENTS-shall
be submitted in accordance with the following schedule:
Quarterly Progress
Reports 2 copies Reporting Period Due Date
------- ---------------- --------
12/01/93-03/31/94 04/30/94
04/01/94-06/30/94 07/31/94
07/01/94-09/30/94 10/31/94
10/01/94-12/31/94 01/31/95
01/01/95-03/31/95 04/30/95
04/01/95-06/30/95 07/31/95
07/01/95-09/30/95 10/31/95
10/01/95-12/31/95 01/31/96
01/01/96-03/31/96 04/30/96
04/01/96-06/30/96 07/31/96
07/01/96-09/30/96 10/31/96
Yearly Salient Results
Report 2 copies Reporting Period Due Date
------- ---------------- --------
12/01/93-11/30/94 12/10/94
12/01/94-11/30/95 12/10/95
Final Report 5 copies 12/01/93-11/30/96 11/30/96
-------
-5-
38
DISTRIBUTION OF REPORTS
- -----------------------
One copy of each report specified above shall be delivered prepaid to:
Contracts Management Branch
National Institute of Neurological Disorders and Stroke, NIH
Federal Building, Room 901
7550 Wisconsin Avenue Attention: Contracting Officer
Bethesda, Maryland 20892 Contract No. N01-NS-4-2305
All other report copies shall be delivered prepaid to:
Dr. Lev Goldfarb, Project Officer
National Institute of Neurological Disorders and Stroke, NIH
DNA Sequencing Facility, Section of Neurogenetics
Division of Intramural Research
Park Building, Room 405
12420 Parklawn Drive
Rockville, Maryland 20857
-6-
39
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
1. CONTRACT ID CODE:
2. AMENDMENT/MODIFICATION NO.: Two (2)
3. EFFECTIVE DATE: See 16C below
4. REQUISITION/PURCHASE REQ. NO.
5. PROJECT NO. (If applicable):
6. ISSUED BY:
CONTRACTS MANAGEMENT BRANCH
NATIONAL INSTITUTE OF NEUROLOGICAL
DISORDERS AND STROKE, NIH
FEDERAL BUILDING, ROOM 901
BETHESDA, MD 20892
7. ADMINISTERED BY (If other than item 6):
8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and Zip
Code)
Collaborative Research, Inc.
1365 Main Street
Waltham, Massachusetts 02154
9A. AMENDMENT OF SOLICITATION NO.:
9B. DATED (SEE ITEM 11):
10A. MODIFICATION OF CONTRACT/ORDER NO. N01-NS-4-2305
10B. DATED (SEE ITEM 11): 12/1/93
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
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 ACKNOWLEDGEMENT 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
40
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)
EIN: 1-042297484-A1
DOC: NINSG2305A
CAN: 4-8426315
O.C.25.3R
FY'94 Obligation $642,000.00
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACT/ORDERS, IT
MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
(d) 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 43.01(b).
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO
AUTHORITY OF:
X D. OTHER (Specifiy type of modification and authority)
Unilateral modification pursuant to Article B.2.f.
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 matter where feasible.)
PURPOSE: To allot additional funds to the contract pursuant to
the Limitation of Funds clause and ARTICLE B.2.--
ESTIMATED COST, as reflected on pages 1 and 2 of this
modification.
Est. Cost Fee Total
--------- --- -----
CONTRACT
AMOUNT: Alloted prior to this modification $ 447,026 $ 43,947 $ 490,973
Alloted this modification 583,547 58,453 642,000
---------- -------- ----------
TOTAL FUNDS ALLOTTED $1,030,573 $102,400 $1,132,973
EXPIRATION DATE: November 30, 1996 (Unchanged).
Except as provided herein, all terms and conditions of the document referenced
in Items 9A or 10A, as heretofore changed, remain unchanged and in full force
and effect.
-2-
41
15A. NAME AND TITLE OF SIGNER (Type or print)
15B. CONTRACTOR/OFFEROR
_______________________________________
Signature of person authroized to sign)
15C. Date Signed
16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
Kirkland L. Davis
16B. UNITED STATES OF AMERICA
By___________________________________
(Signature of Contracting Officer)
16C. DATE SIGNED
6/29/94
-3-
42
CONTRACT NO.: N01-NS-4-2305
MODIFICATION NO. 2
THE ABOVE NUMBERED CONTRACT IS HEREBY AMENDED AS INDICATED BELOW:
ARTICLE B.2. - ESTIMATED COST AND FIXED-FEE -- Beginning with the effective
date of this modification modification, paragraphs (d), (e), and (g) are
amended to read as follows:
d. Total funds currently available for payment and allotted to this
contract are increased by $642,000, from $490,973 of which $1,030,573
represents the estimated riembursable costs and $102,400 the fixed
fee. For further provisions on funding, referen to the LIMITATION OF
FUNDS clause.
e. It is estimated that the amount currently alloted will cover
performance of work under the contract through February 28, 1996.
g. It is estimated that future allotments will be awarded as follows:
Period Est. Cost Fee Total
------ --------- --- -----
3/1/96-11/30/96 $342,841 $32,623 $375,464
-4-
43
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
1. CONTRACT ID CODE:
2. AMENDMENT/MODIFICATION NO.: 3
3. EFFECTIVE DATE: See 16C below
4. REQUISITION/PURCHASE REQ. NO.
5. PROJECT NO. (If applicable):
6. ISSUED BY:
CONTRACTS MANAGEMENT BRANCH
NATIONAL INSTITUTE OF NEUROLOGICAL
DISORDERS AND STROKE, NIH
FEDERAL BUILDING, ROOM 901
BETHESDA, MD 20892
7. ADMINISTERED BY (If other than item 6):
8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and Zip
Code)
Collaborative Research, Inc.
1365 Main Street
Waltham, Massachusetts 02154
9A. AMENDMENT OF SOLICITATION NO.:
9B. DATED (SEE ITEM 11):
10A. MODIFICATION OF CONTRACT/ORDER NO. N01-NS-4-2305
10B. DATED (SEE ITEM 11): 12/1/93
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
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
44
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)
EIN: 1-042297484-A1
DOC: N1NSG2305A
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACT/ORDERS, IT
MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
(d) 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 43.01(b).
X C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO
AUTHORITY OF:
FAR Subpart 42.12 Novation and
Change-of-Name Agreements
D. OTHER (Specify type of modification and authority)
Unilateral modification pursuant to Article B.2.f.
E. IMPORTANT: CONTRACTOR / /is not /x/is required to sign this
document and return two (2) copies to the issuing office.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section
headings, including solicitation/contract matter where feasible.)
PURPOSE: To amend Article G.5., GOVERNMENT PROPERTY, to recognize an
authorized substitution of Contractor Acquired - Government
Property under the contract.
CONTRACT AMOUNT: Unchanged. The contract amount is neither increased
nor decreased by reason of this modification.
EXPIRATION DATE: (November 30, 1996) Unchanged .
Except as provided herein, all terms and conditions of the document referenced
in Items 9A or 10A, as heretofore changed, remain unchanged and in full force
and effect.
15A. NAME AND TITLE OF SIGNER (Type or print)
Gerald F. Vovis, Ph.D.
Senior Vice President, Research & Development
-2-
45
15B. CONTRACTOR/OFFEROR
_______________________________________
Signature of person authorized to sign)
15C. Date Signed
11/30/94
16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
Kirkland L. Davis
16B. UNITED STATES OF AMERICA
By___________________________________
(Signature of Contracting Officer)
16C. DATE SIGNED
12/6/94
-4-
46
CONTRACT NO. NO1-NS-4-2305
MODIFICATION NO. 3
THE GOVERNMENT AND THE CONTRACTOR MUTUALLY AGREE AS FOLLOWS:
ARTICLE G.5-GOVERNMENT PROPERTY-Paragraph (b), CONTRACTOR ACQUIRED GOVERNMENT
PROPERTY - SCHEDULE 1-A, is amended to authorize a substitution of property,
and Schedule 1-A is amended to read as follows:
SCHEDULE 1-A
------------
QUANTITY DESCRIPTION TOTAL COST
- -------- ----------- ----------
Two (2) Power Supply (Computer Controlled) $4,990
Bio-Rad, @ $2,495 each
Three (3) Poker-Face Gel Electrophoresis $2,775
Apparatus (Hofer) @ $925 each
Two (2) 12 Channel Pipetting Syringe $1,300
(Hamilton) @ $650 each
One (1) Macintosh Centris 650 Computer $4,017
w/Radius Display, Keyboard, etc.
One (1) Water Bath Heating Circulator $ 988
VWR 1130A, 120V, Model 13271-054
EXCEPT AS AMENDED ABOVE, ALL OTHER TERMS AND CONDITIONS OF THE CONTRACT REMAIN
UNCHANGED AND IN FULL FORCE AND EFFECT.
-5-
47
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
1. CONTRACT ID CODE:
2. AMENDMENT/MODIFICATION NO.: 4
3. EFFECTIVE DATE: See 16C below
4. REQUISITION/PURCHASE REQ. NO.
5. PROJECT NO. (If applicable):
6. ISSUED BY:
CONTRACTS MANAGEMENT BRANCH
NATIONAL INSTITUTE OF NEUROLOGICAL
DISORDERS AND STROKE, NIH
FEDERAL BUILDING, ROOM 901
BETHESDA, MD 20892
7. ADMINISTERED BY (If other than item 6):
8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and Zip
Code)
Genome Therapeutics Corporation
100 Beaver Street
Waltham, Massachusetts 02154
9A. AMENDMENT OF SOLICITATION NO.:
9B. DATED (SEE ITEM 11):
10A. MODIFICATION OF CONTRACT/ORDER NO. N01-NS-4-2305
10B. DATED (SEE ITEM 11): 12/1/93
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
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.
48
12. ACCOUNTING AND APPROPRIATION DATA (If required)
EIN: 1-042297484-A1
DOC: N1NSG2305A
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACT/ORDERS, IT
MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
(d) 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 43.01(b).
X C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO
AUTHORITY OF: FAR Subpart 42.12 Novation and
Change-of-Name Agreements
D. OTHER (Specifiy type of modification and authority)
Unilateral modification pursuant to Article B.2.f.
E. IMPORTANT: CONTRACTOR / /is not /x/is required to sign this
document and return two (2) copies to the issuing office.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section
headings, including solicitation/contract matter where feasible.)
PURPOSE: To formally recognize a change of the Contractor's
name from Collaborative Research, Inc., to Genome
Therapeutics Corporation pursuant to the attached
Change-of-name Agreement, Exhibit A, and the list of
affected contracts, Exhibit B, Exhibits A and B are
hereby incorporated and made a part of this
modification.
CONTRACT AMOUNT: Unchanged. the contract amount is neither
increased nor decreased by reason of this
modification.
EXPIRATION DATE: (November 30, 1996) Unchanged .
Except as provided herein, all terms and conditions of the document referenced
in Items 9A or 10A, as heretofore changed, remain unchanged and in full force
and effect.
15A. NAME AND TITLE OF SIGNER (Type or print)
Gerald F. Vovis, Ph.D.
Senior Vice President, Research & Development
15B. CONTRACTOR/OFFEROR
_______________________________________
Signature of person authorized to sign)
-2-
49
15C. Date Signed
11/30/94
16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
Kirkland L. Davis
16B. UNITED STATES OF AMERICA
By___________________________________
(Signature of Contracting Officer)
16C. DATE SIGNED
12/6/94
-3-
50
EXHIBIT A
CHANGE OF NAME AGREEMENT
GENOME THERAPEUTICS CORPORATION, a corporation duly organized and existing
under the laws of Massachusetts and the UNITED STATES OF AMERICA, enter into
this Agreement as of September 6, 1994.
(a) THE PARTIES AGREE TO THE FOLLOWING FACTS:
(1) The Government, represented by various Contracting Officers of
the NINDS, NIEHS, and NIMH has entered into certain contracts and purchase
order with COLLABORATIVE RESEARCH INC., namely N01-NS-4-2305, 273-93-I-0011,
and 263-92-C-0099. The term "the contracts", as used in this Agreement, means
the above contracts and purchase orders and all other contracts and purchase
orders, including all modifications, made by the Government and the Contractor
before the effective date of this Agreement (whether or not performance and
payment have bene completed and releases executed if the Government, or the
Contractor has any remaining rights, duties, or obligations under these
contracts and purchase orders).
(2) COLLABORATIVE RESEARCH, INC., by an amendment to its certificate
of incorporation dated August 31, 1994, has changed its corporate name to
GENOME THERAPEUTICS CORPORATION.
(3) This amendment accomplishes a change of corporate name only and
all rights and obligations of the Government and of the Contractor under the
contracts are unaffected by this change.
(4) Documentary evidence of this change of corporate name has been
filed with the Government.
(b) IN CONSIDERATION OF THESE FACTS, THE PARTIES AGREE THAT.
(1) The contracts covered by this Agreement are amended by
substituting the name "GENOME THERAPEUTICS CORPORATION", for the name
"COLLABORATIVE RESEARCH, INC." wherever it appears in the contracts; and
(2) Each party has executed this Agreement as of the day and year
first above written.
UNITED STATES OF AMERICA
By_____________________________
Title__________________________
GENOME THERAPEUTICS CORPORATION
By_____________________________
Title Senior Vice President, Research and Development
I, FENEL M. ELOI, certify that I am the Treasurer of GENOME THERAPEUTICS
CORPORATION; that GERALD F. VOVIS, PH.D., who signed this Agreement for this
corporation, was then Sr. Vice President of this corporation; and that
Agreement was duly signed for and on behalf of this corporation by authority of
its governing body and within the scope of its corporate powers. Witness my
hand and the seal of this corporation this 7th day of November 1994.
By Fenel M. Eloi
-4-
51
CONTRACT NO.: N01-NS-4-2305 EXHIBIT B
MODIFICATION NO. 4
FEDERAL CONTRACTS AFFECTED BY NAME CHANGE TO GENOME THERAPEUTICS CORPORATION
NIEHS Contract #263-92-C-0099, National Institute of Environmental Health
Sciences
Attn: James Patterson, Contracting Officer
Contracts and Procurement Branch, NIEHS
P.O. Box 12874
Research Triangle Park, North Carolina 27709
NIH Contract #273-93-1-0011, Division of Procurement, National Institute of
Health
Attn: Pamela L. Beverly, Contracting Officer
Division of Procurement, OA
Executive Plaza South, Room 818
6120 Executive Boulevard
Rockville, Maryland 20892
NINDS Contract #NO1-NS-4-2305, National Institute of Neurological Disorders and
Stroke
Attn: Kirkland L. Davis, Contracting Officer
Contracts Management Branch
Federal Building., Room 901
7550 Wisconsin Avenue
Bethesda, Maryland 20892
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52
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
1. CONTRACT ID CODE
2. AMENDMENT/MODIFICATION NO. 5
3. EFFECTIVE DATE See 16C below
4. REQUISITION/PURCHASE REQ. NO.
5. PROJECT NO. (IF APPLICABLE)
6. ISSUED BY
Contracts Management Branch
National Institute of Neurological
Disorders and Stroke, NIH
Federal Building, Room 901
Bethesda, MD 20892
7. ADMINISTERED BY (IF OTHER THAN ITEM 6)
8. NAME AND ADDRESS OF CONTRACTOR (NO., STREET, COUNTY, STATE AND ZIP
CODE)
Genome Therapeutics Corporation
100 Beaver Street
Waltham, Massachusetts 02154
9A. AMENDMENT OF SOLICITATION NO.
9B. DATED (SEE ITEM 11)
10A. MODIFICATION OF CONTRACT/ORDER NO. N01-NS-4-2305
10B. DATED (SEE ITEM 11) 12/1/93
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 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 DATE (IF REQUIRED)
EIN: 1-042297484-A1 DOCN1NS42305A
53
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACT/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 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).
X C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO
AUTHORITY OF: FAR Subpart 42.12 Novation and Change-of- Name
Agreements
D. OTHER (SPECIFY TYPE OF MODIFICATION AND AUTHORITY)
E. IMPORTANT: CONTRACTOR / / IS NOT / x / IS REQUIRED TO SIGN
THIS DOCUMENT AND RETURN TWO (2) COPIES TO THE ISSUING
OFFICE.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (ORGANIZED BY UCF SECTION
HEADINGS, INCLUDING SOLICITATION/CONTRACT SUBJECT MATTER WHERE
FEASIBLE.)
PURPOSE: To amend "Exhibit B" made a part of the Change of Name
Agreement executed via Modification No. 4 to the contract.
The contract numbers affected by the name change and listed in
the original "Exhibit B" for both the NEIHS and the Division
of Procurement, NIH contracts were incorrect and are properly
cited in the attached revised "Exhibit B."
CONTRACT
AMOUNT: Unchanged. The contract amount is neither increased nor
decreased by reason of this modification.
EXPIRATION
DATE: November 30, 1996 (Unchanged).
Except as provided herein, all terms and conditions of the document referenced
in Items 9A or 10A, as heretofore changed, remain unchanged and in full force
and effect.
15A. NAME AND TITLE OF SIGNER (Type or print)
Gerald F. Vovis
Senior Vice President, Research & Development
15B. CONTRACTOR/OFFEROR
_________________________
(Signature of person authorized to sign)
15C. DATE SIGNED
12/14/94
16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
Kirkland L. Davis
16B. UNITED STATES OF AMERICA
-2-
54
By____________________________________
(Signature of Contracting Officer)
16C. DATE SIGNED
12/19/94
-3-
55
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
1. CONTRACT ID CODE
2. AMENDMENT/MODIFICATION NO. 6
3. EFFECTIVE DATE See 16C below
4. REQUISITION/PURCHASE REQ. NO.
5. PROJECT NO. (IF APPLICABLE)
6. ISSUED BY
Contracts Management Branch
National Institute of Neurological
Disorders and Stroke, NIH
Federal Building, Room 901
Bethesda, MD 20892
7. ADMINISTERED BY (IF OTHER THAN ITEM 6)
8. NAME AND ADDRESS OF CONTRACTOR (NO., STREET, COUNTY, STATE AND ZIP
CODE)
Genome Therapeutics Corporation
100 Beaver Street
Waltham, Massachusetts 02154
9A. AMENDMENT OF SOLICITATION NO.
9B. DATED (SEE ITEM 11)
10A. MODIFICATION OF CONTRACT/ORDER NO. N01-NS-4-2305
10B. DATED (SEE ITEM 11) 12/1/93
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 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 DATE (IF REQUIRED)
56
EIN: 1-042297484-A1 DOCN1NS42305A
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACT/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 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).
X C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO
AUTHORITY OF: FAR 1.602-1, and the mutual consent of the
parties
D. OTHER (SPECIFY TYPE OF MODIFICATION AND AUTHORITY)
E. IMPORTANT: CONTRACTOR / / IS NOT / x / IS REQUIRED TO
SIGN THIS DOCUMENT AND RETURN TWO (2) COPIES TO THE
ISSUING OFFICE.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (ORGANIZED BY UCF SECTION
HEADINGS, INCLUDING SOLICITATION/CONTRACT SUBJECT MATTER WHERE
FEASIBLE.)
PURPOSE: To amend Article G.5., GOVERNMENT PROPERTY, to recognize an
authorized substitution of Contractor Acquired - Government
Property under the contract.
CONTRACT
AMOUNT: Unchanged. The contract amount is neither increased nor
decreased by reason of this modification.
EXPIRATION
DATE: November 30, 1996 (Unchanged).
Except as provided herein, all terms and conditions of the document referenced
in Items 9A or 10A, as heretofore changed, remain unchanged and in full force
and effect.
15A. NAME AND TITLE OF SIGNER (Type or print)
Gerald F. Vovis, Ph.D.
Senior Vice President, Research & Development
-2-
57
15C. DATE SIGNED
6/22/95
16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
Kirkland L. Davis
16B. UNITED STATES OF AMERICA
By____________________________________
(Signature of Contracting Officer)
16C. DATE SIGNED
6/23/95
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58
CONTRACT NO. NO1-NS-4-2305
MODIFICATION NO. 6
THE GOVERNMENT AND THE CONTRACTOR MUTUALLY AGREE AS FOLLOWS:
ARTICLE G.5-GOVERNMENT PROPERTY-Paragraph (b), CONTRACTOR ACQUIRED GOVERNMENT
PROPERTY - SCHEDULE 1-A, is amended to authorize a substitution of property,
and Schedule 1-A is amended to read as follows:
SCHEDULE 1-A
------------
QUANTITY DESCRIPTION TOTAL COST
- -------- ----------- ----------
Two (2) Power Supply (Computer Controlled) $4,990
Bio-Rad, @ $2,495 each
Two (2) Poker-Face Gel Electrophoresis $1,850
Apparatus (Hofer) @ $925 each
Two (2) 12 Channel Pipetting Syringe $1,300
(Hamilton) @ $650 each
One (1) Macintosh Centris 650 Computer $4,017
w/Radius Display, Keyboard, etc.
One (1) Water Bath Heating Circulator $ 988
VWR 1130A, 120V, Model 13271-054
One (1) VWR Scientific brand Table-Top Orbital $1,087
Shaker (gyrator shaker)
EXCEPT AS AMENDED ABOVE, ALL OTHER TERMS AND CONDITIONS OF THE CONTRACT REMAIN
UNCHANGED AND IN FULL FORCE AND EFFECT.
-5-
59
REPORT OF CAPITALIZED NONEXPENDABLE EQUIPMENT
1. DATE
2. PUBLIC VOUCHER NO.
3. CONTRACT NUMBER
4. REPORT NO.
PAGE NO.
NO. PAGES
5. NAME OF PERSON RESPONSIBLE FOR THIS REPORT
6. TYPE OF REPORT
ACQUISITION - GOV. TITLED
ACQUISITION - CONTR. TITLED
ANNUAL INVENTORY
FINAL INVENTORY
7. NAME AND ADDRESS OF CONTRACTOR
8. FOR GOV. USE ONLY
9. ITEM NO.
10. DESCRIPTION &NSN
11. GFP OR CAP
12. MFR.
13. MODEL OR TYPE
14. MFR. SERIAL NO.
15. UNIT ACQUISITION COST
16. GOV. ID NO.
17. ACQ. AUTH.
18. DATE REC'D MO/YR.
19. AUTHENTICATION BY CONTRACTOR'S SUPERVISORY ACCOUNTING OFFICIAL
SIGNATURE
NAME (TYPED)
TITLE
-6-
60
DATE
20. ACCEPTED BY AUTHORIZED GOVERNMENT REPRESENTATIVE
VOUCHER NO.
SIGNATURE AND TITLE
DATE
-7-
61
INSTRUCTIONS FOR PREPARATION OF HEW FORM 565
REPORT OF CAPITALIZED NONEXPENDABLE EQUIPMENT
The report shall be submitted in five copies by the contractor and included
with his Public Voucher (or invoice) under which reimbursement for the
acquisition of authorized Capitalized Nonexpendable Equipment is required.
When utilizing this form for inventory reporting, five copies shall be
forwarded to the cognizant Property Administrator. Final inventories must
include the Certification required by HHS Manual, Control of Property in
Possession of Contractors.
ITEM NO.
1. Enter date prepared.
2. Enter Public Voucher (or Invoice) Number.
3. Enter complete contract number.
4. Enter number of this report. (Reports will be numbered serially
beginning with No. 1 for each contract.) Enter page number and total
number of pages.
5. Enter name and telephone number of contractor's representative
responsible for report.
6. Indicate type of Report.
7. Enter name and address of contractor exactly as it appears on the
contract.
8. Leave blank. For Contracting Agency use only.
9. Enter line item number. Each report shall begin with number "1".
10-14. Identify the property being reported, including manufacturer, model,
type, capacity, size and serial number. When this form is used for
inventory reporting, include condition code in item 10 and indicate
GFP or CAP in item 11.
15. Enter unit acquisition cost of the item. (List all taxes, discounts,
shipping and installation costs as separate items immediately
following each item being reported.)
16. For Government-owned property, enter the Government identification
number (decal) affixed. For Contractor-owned property, enter
contractor's identification number affixed.
17. Enter authorization for acquisition e.g., contract schedule number,
contracting officer's authorization letter number, etc.
18. Enter month and year property was received by contractor as reflected
on receiving report.
19. Enter signature and title of person authorized to certify to the
accuracy of report.
20. Leave blank. For Contracting Agency use only.
This Form may be reproduced by Contractors in size 8" x 10 1/2" only.
-8-
62
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
1. CONTRACT ID CODE
2. AMENDMENT/MODIFICATION NO. 7
3. EFFECTIVE DATE See 16C below
4. REQUISITION/PURCHASE REQ. NO.
5. PROJECT NO. (IF APPLICABLE)
6. ISSUED BY
Contracts Management Branch
National Institute of Neurological
Disorders and Stroke, NIH
Federal Building, Room 901
Bethesda, MD 20892
7. ADMINISTERED BY (IF OTHER THAN ITEM 6)
8. NAME AND ADDRESS OF CONTRACTOR (NO., STREET, COUNTY, STATE AND ZIP
CODE)
Genome Therapeutics Corporation
100 Beaver Street
Waltham, Massachusetts 02154
9A. AMENDMENT OF SOLICITATION NO.
9B. DATED (SEE ITEM 11)
10A. MODIFICATION OF CONTRACT/ORDER NO. N01-NS-4-2305
10B. DATED (SEE ITEM 11) 12/1/93
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 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 DATE (IF REQUIRED)
63
EIN: 1-042297484-A1 DOCN1NS42305A CAN 6-8426315 O.C.25.2E FY'96
Obligation $375,464
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACT/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 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) Unilateral
modification pursuant to Article B.2., paragraph (f), and P.L.
104-56 (continuing resolution for FY 1996)
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.)
PURPOSE: To allot additional funds to the contract pursuant to the
Limitation of Funds clause and Article B.2-ESTIMATED COST AND
FIXED FEE.
Est. Cost Fee Total
--------- --- -----
CONTRACT
AMOUNT: Allotted prior to this modification $1,030,573 $102,400 $1,132,973
Allotted this modification No. 7 342,841 32,623 375,464
---------- -------- ----------
$1,373,414 $135,023 $1,508,437
EXPIRATION
DATE: November 30, 1996 (Unchanged).
Except as provided herein, all terms and conditions of the document referenced
in Items 9A or 10A, as heretofore changed, remain unchanged and in full force
and effect.
15A. NAME AND TITLE OF SIGNER (Type or print)
Genome Therapeutics Corporation
15B. CONTRACTOR/OFFEROR
_________________________
(Signature of person authorized to sign)
15C. DATE SIGNED
16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
Kirkland L. Davis
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64
16B. UNITED STATES OF AMERICA
By____________________________________
(Signature of Contracting Officer)
16C. DATE SIGNED
11/27/95
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65
CONTRACT NO. NO1-NS-4-2305
MODIFICATION NO. 7
THE ABOVE NUMBERED CONTRACT IS HEREBY AMENDED AS INDICATED BELOW:
ARTICLE B.2.-ESTIMATED COST AND FIXED-FEE-Beginning with the effective date of
this modification, paragraphs (d) and (e) are amended to read as follows:
d. Total funds currently available for payment and allotted to this
contract are increased by $375,464, from $1,132,973 to $1,508,437 of
which $1,373,414 represents the estimated reimbursable costs and
$135,023 the fixed fee. For further provisions on funding, refer to
the LIMITATION OF FUNDS clause made a part of the contract under
Section 1.
e. It is estimated that the amount currently allotted will cover
performance of work under the contract through November 30, 1996.
ARTICLE H.4.-SALARY RATE LIMITATION LEGISLATION PROVISIONS-paragraph (b) is
amended to add the following public law citation for award of FY 1996 funds:
b. Public Law Fiscal Year Period Salary Rate Limit
---------- ----------- ------ -----------------
P.L. 104-56 1996 10/1/95-9/30/96 $125,000
continuing resolution
-4-