EX-10.6 8 ex10-6.htm

 

Exhibit 10.6

 

 

 

 

 

BEGINNING WITH THE EFFECTIVE DATE OF THIS MODIFICATION, THE GOVERNMENT AND THE CONTRACTOR MUTUALLY AGREE AS FOLLOWS:

 

ARTICLE B.3. OPTION FOR PHASE II subparagraph d is revised as follows:

 

d. If the Government exercises its option pursuant to the OPTION PROVISION Article in SECTION H of this contract, the Government’s total estimated contract amount represented by the sum of the estimated cost plus the fixed fee will be increased as follows:

 

  

Estimated

Cost($)

   Fixed Fee($)   Estimated Cost Plus Fixed Fee($) 
Base Period 9/19/2014-8/03/2015  $181,105   $10,866   $191,971 

Option Period:

8/04/2015-8/03/2017

  $1,347,280   $80,837   $1,428,117 
Total [Base Period and Option]  $1,528,385   $91,703   $1,620,088 

 

ARTICLE B.4. ADVANCE UNDERSTANDINGS, subparagraph b., is revised as follows:

 

b. Subcontract

 

A fixed type subcontract with Rhode Island Hospital for Phase I for an amount not to exceed $65,549 for the period for the period 9/19/2014-8/03/2015.

 

If the Government exercises its option for Phase II pursuant to the Option Provision Article in Section H of this contract, the total estimated Subcontract amount will be increased as follows:

 

Option - 8/04/2015-8/03/2017 - $623,269

 

ARTICLE F.1. PERIOD OF PERFORMANCE- is revised as follows:

 

a.The period of performance of this contract shall be from 09/19/2014 through 08/03/2017.
  
b.If the Government exercises its option pursuant to the OPTION PROVISION Article in Section H of this contract, the period of performance will be increased as listed below:

 

Option   Option Period
Option for Phase II   August 04, 2015 - August 03, 2017

 

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ARTICLE F.2. DELIVERIES-subparagraph b is revised as follows:

 

b. The above items shall be addressed and emailed to ncibranchbinvoices@mail.nih.gov .The following addresses are provided for general correspondence and other deliveries:

 

Addressee   Deliverable Item No   Quantity

Sandra Addae, Contract Specialist National Cancer Institute

Office of Acquisitions,

9609 Medical Center Drive,

Room 1E632

MSC 9705

Bethesda, MD 20892-9705

   1-14, 16-21   Electronically

Deepa Narayanan, COR

National Cancer Institute

NCI SBIR & STTR Programs, Room1W5429609 Medical Center Drive, MSC9705Bethesda, MD 20892-9705

   2-12   Electronically

OPERA, OEH, NIH6705

Rockledge DriveSuite 310, MSC 7980Bethesda, Maryland 20892- 7980

   13-15   Electronically

 

ARTICLE G.3. INVOICE SUBMISSION/CONTRACT FINANCING REQUEST AND CONTRACTFINANCIAL REPORT - 2.f. and 2.h are revised as follows:

 

2.f. The contract period of performance is: 9/19/2014 - 08/03/2017 2.h. Contract line items as follows:

 

Line Item #   Line Item Description
1   Clinical Development of IPdR for Radiosensitization
2   Phase II Clinical Development of IPdR for Radiosensitization

 

ARTICLE l.l. GENERAL CLAUSES FOR A FIXED-PRICE RESEARCH AND DEVELOPMENT SBIR PHASE II CONTRACT- is deleted and replaced in its entirety.

 

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. Also, the full text of a clause may be accessed electronically as follows: FAR Clauses at: http://www.acquisition.RQv/far/ . HHSAR Clauses at: http: //ww w. h hs.RQv/policies/ h hsarZsubpart352.htm I

 

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a. FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1) CLAUSES:

 

FAR CLAUSE NO.   DATE   TITLE
52.202-1   Nov 2013   Definitions (Over the Simplified Acquisition Threshold)
52.203-3   Apr 1984   Gratuities (Over the Simplified Acquisition Threshold)
52.203-5   May 2014   Covenant Against Contingent Fees (Over the Simplified Acquisition Threshold)
52.203-6   Sep 2006  

Restrictions on Subcontractor Sales to the Government (Over the

Simplified Acquisition Threshold)

52.203-7   May 2014   Anti-Kickback Procedures (Over the Simplified Acquisition Threshold)
52.203-8   May 2014   Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (Over the Simplified Acquisition Threshold)
52.203-10   May 2014  

Price or Fee Adjustment for Illegal or Improper Activity (Over the

Simplified Acquisition Threshold)

52.203-12   Oct 2010   Limitation on Payments to Influence Certain Federal Transactions (Over $150,000)
52.203-17   Apr 2014   Contractor Employee Whistleblower Rights and Requirements to Inform Employees of Whistleblower Rights (Over the Simplified Acquisition Threshold)
52.203-99   Feb 2015   Prohibition on Contracting with Entities That Require Certain Internal Confidentiality Agreements
52.204-4   May 2011  

Printed or Copied Double-Sided on Postconsumer Fiber Content

PaperfOver the Simplified Acquisition Threshold)

52.204-10   Jul 2013   Reporting Executive Compensation and First-Tier Subcontract Awards ($25,000 or more)
52.204-13   Jul 2013   System for Award Management Maintenance
52.209-6   Aug 2013   Protecting the Government’s Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment (Over $30,000)
52.215-2   Oct 2010   Audit and Records - Negotiation [Note: Applies to ALL contracts funded in whole or in part with Recovery Act funds, regardless of dollar value, AND contracts over the Simplified Acquisition Threshold funded exclusively with non-Recovery Act funds.]
52.215-8   Oct 1997   Order of Precedence - Uniform Contract Format
52.215-10   Aug 2011   Price Reduction for Defective Certified Cost or Pricing Data (Over $700,000)
52.215-12   Oct 2010   Subcontractor Cost or Pricing Data (Over $700,000)
52.215-14   Oct 2010   Integrity of Unit Prices (Over the Simplified Acquisition Threshold)
52.215-15   Oct 2010   Pension Adjustments and Asset Reversions (Over $700,000)
52.215-18   Jul2005   Reversion or Adjustment of Plans for Post-Retirement Benefits (PRB) other than Pensions
52.215-19   Oct 1997   Notification of Ownership Changes
52.215-21   Oct 2010   Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data - Modifications
52.219-6   Jul 1996   Notice of Total Small Business Set-Aside

 

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FAR CLAUSE NO.   DATE   TITLE
52.219-8   Oct 2014   Utilization of Small Business Concerns (Over the Simplified Acquisition Threshold)
52.219-14   Dec 1996   Limitations on Subcontracting
52.222-3   Jun 2003   Convict Labor
52.222-21   Apr 2015   Prohibition of Segregated Facilities
52.222-26   Apr 2015   Equal Opportunity
52.222-35   Jul 2014   Equal Opportunity for Veterans ($100,000 or more)
52.222-36   Jul 2014   Equal Opportunity for Workers with Disabilities
52.222-37   Jul 2014   Employment Reports on Veterans ($100,000 or more)
52.222-40   Dec 2010   Notification of Employee Rights Under the National Labor Relations Act (Over the Simplified Acquisition Threshold)
52.222-50   Mar 2015   Combating Trafficking in Persons
52.222-54   Aug 2013   Employment Eligibility Verification (Over the Simplified Acquisition Threshold)
52.223-6   May 2001   Drug-Free Workplace
52.223-18   Aug 2011   Encouraging Contractor Policies to Ban Text Messaging While Driving
52.225-1   May 2014   Buy American - Supplies
52.225-13   Jun 2008   Restrictions on Certain Foreign Purchases
52.227-1   Dec 2007   Authorization and Consent, Alternate 1 (Apr 1984)
52.227-2   Dec 2007   Notice and Assistance Regarding Patent and Copyright Infringement
52.227-11   May 2014  

Patent Rights - Ownership by the Contractor (Note: In accordance with

FAR 27.303(b)(2), paragraph (e) is modified to include the requirements in FAR 27.303(b)(2)(i) through (iv). The frequency of reporting in (i) is annual.

52.227-20   May 2014   Rights in Data - SBIR Program
52.229-3   Feb 2013   Federal, State and Local Taxes (Over the Simplified Acquisition Threshold)
52.232-2   Apr 1984   Payments under Fixed-Price Research and Development Contracts
52.232-9   Apr 1984   Limitation on Withholding of Payments
52.232-17   May 2014   Interest (Over the Simplified Acquisition Threshold)
52.232-23   May 2014   Assignment of Claims
52.232-25   Jul 2013   Prompt Payment
52.232-33   Jul 2013   Payment by Electronic Funds Transfer-System for Award Management
52.232-39   Jun 2013   Unenforceability of Unauthorized Obligations
52.233-1   May 2014   Disputes
52.233-3   Aug 1996   Protest After Award
52.233-4   Oct 2004   Applicable Law for Breach of Contract Claim
52.242-13   Jul 1995   Bankruptcy (Over the Simplified Acquisition Threshold)
52.243-1   Aug 1987   Changes - Fixed Price, Alternate V (Apr 1984)
52.244-5   Dec 1996   Competition in Subcontracting (Over the Simplified Acquisition Threshold)
52.244-6   Apr 2015   Subcontracts for Commercial Items
52.249-2   Apr 2012   Termination for the Convenience of the Government (Fixed-Price)
52.249-9   Apr 1984   Default (Fixed-Price Research and Development)(Over the Simplified Acquisition Threshold)
52.253-1   Jan 1991   Computer Generated Forms

 

Shuttle Pharmaceuticals, LLC

HHSN261201400013C

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HHSN261201400013C

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b. DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION REGULATION (HHSAR) (48 CFR CHAPTER 3) CLAUSES:

 

       
HHSAR CLAUSE NO.   DATE   TITLE
352.202-1   Jan 2006   Definitions
352.203-70   Mar 2012   Anti-Lobbying
352.222-70   Jan 2010   Contractor Cooperation in Equal Employment Opportunity Investigations
352.227-70   Jan 2006   Publications and Publicity
352.231-71   Jan 2001   Pricing of Adjustments
352.242-70   Jan 2006   Key Personnel
352.242-73   Jan 2006   Withholding of Contract Payments

 

[End of GENERAL CLAUSES FOR A FIXED-PRICE RESEARCH AND DEVELOPMENTSBIR PHASE II CONTRACT- Rev. 04/2015].

 

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

 

Shuttle Pharmaceuticals, LLC

HHSN261201400013C

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