Offerers must acknowledge receipt of this amendment prior to the hour and dots specified in the selligitation, or as amended, by one of the hollowing machosh.

joj By signing and returning copies of this amendmore, (b) by acknowledging werpt of this amendment on each copy of the offer submitted; or (c) By waande lyriye or Magn which includes a reference to the solicitation and amendment numbers PARURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE ISSUING OFFICE PRIOR TO THE HOUR and DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OPPER. I, by virtue of this amendment you desire to change an offer already bube:fed, much change may se made by or letter, provided such telegram or leffer makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

This Supplemental Agreement is entered into pursuant to authority of. 41 USC 252_(c)_(7)

The above numbered contract/order is modified to reflect the administrative changes (such as changes in paying office, appropriation deto, etc.) set forth in black 12.

modifies the above numuered contract os set forth in black 12.

12. DESCRIPTION OF AMENDMENT/MODIFICATION

The purpose of this Modification is to add the following price for Monovalent
Vaccine packaged in 10-dose vials to Article IX
Modification No. 1:

Payment as set forth in

Except as provided herein, all terms and conditions of the document referenced in black 0, as heretofore changed, rome in unhuanged and

CONTRACTOR/OFFEROR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN,

17. UTD STATES AMERICA

The above numbered solicitation is amended as set forth in black 12. The hour and date specified for receipt of Offers is tended. ☐ is Offerers must acknowledge receipt of this amendment prior to the hour and dolo specified in the solicitation, or as amended, by one of the hollowing anothoch (a) By signing and returning. -copies of this amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate later or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE ISSUING OFFICE PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. I, by virtue of this amendment you desire to change an offer already womited, vush change may be made by thegram or letter, provided such telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

The above numbered contract/order is modified to reflect the administrative changes (such as changes in paying office, appropriation data, etc.) a forth in block 12.
This Supplemental Agreement is entered into pursuant to authority of —44 USC_252 (c) (7)

modifies the above numbered contract as set forth in block 12.

1. DESCRIPTION OF AMENDMENT/MODIFICATION

Subparagraph B. of Article XIV LIMITATION ON CONTRACTOR'S PROFIT
Its entirety, and the following is substituted therefor:

ARTICLE XIV - LIMITATION ON CONTRACTOR'S PROFIT:

is deleted hereby in

8. (1) The cost of the premium for the liability insurance which is solely attributable to this Program is not included in the vaccine price. (See Article IX B; Payment.) In the event that the insurance premium for liability insurance, or any part thereof, is refunded to the contractor under any retrospective, experience-rating plan or similar rating plan, it shall be refunded to the Government not later than thirty (30) days after receipt by the contractor.

(2) Any money provided to the contractor by the Government for a self-insurance retention fund ("Fund") (see Article IX B; Payment) shall be segregated in a separate secount ✨ in a federally insured commercial bank with assets in excess of $100,000,000. Bald Fund shall be invested in an interest bearing arrangement or arrangements, ... ** Certificates of Deposit, at the bank's prevailing interest rates. In the event any payment by the contractor is required to be made from the invested principal (continued)

scopi es provided herein, elf terms and conditions of the document referenced in black 8, as heretofore changed, remain unchanged and in hull force and offect.

To

of the Fund prior to the stated maturity date or dates of such invested
principal, the total proceeds of such liquidated investment or investments
shall be deemed to apply first to principal and secondly to interest.
the extent such total proceeds are less than the original invested principal,
the difference shall be charged against all other accrued interest due the
Government. Payments shall be made only from the principal of said account
and only for self-insurance losses and related expenditures of the contractor
as follows:

(a) All sums which the United States shall have the right to recover from the contractor as damages under section 317(k) (7) of the Public Health Service Act (42 U.S.C. 247(b)), and any costs of litigation of attorney fees incurred by the contractor and attributable thereto; and

(b) All payments made by the contractor for expenses other than office
expenses or expenses for salaries of employees of the contractor) incurred
in the investigation, negotiation, settlement, or defense of any claim
or suit pursuant to section 317 (k) (7) of the Public Health Service Act
(42 U.S.C. 247(b)) or in the investigation of a case reasonably likely to
result in such claim or suit. Such losses and related expenditures are
more particularly described in the insurance policy between the contractor
and its respective insurers. Any interest earned on the Fund shall be
reinvested with the balance of the principal remaining in the Fund. Any
amount provided the contractor by the Government for the Fund, which is not
expended by August 1, 1985, including accrued interest to such date, shall
be returned to the Government not later than August 31, 1985.

(3) In the event the contractor is required to pay a claim by the Government pursuant to section 317(k) (7) of the Public Health Service Act (42 U.$.C. 247(b))) after the contractor has returned the unexpended amount provided for selfinsurance, including accrued interest, such claim shall be deemed satisfied up to the amount of principal returned to the Government. Therefore, the total of the payments made from the Fund by the contractor and the credits provided to the contractor by the Government, after the unexpended principal and accrued interest have been returned to the Government, shall not exceed $2,500,000.

(4) It is the understanding of the parties to this contract that since the Fund may only be expended for the reasons stated in 3.2 above, and since the unexpended principal of the Fund, including accrued interest, shall be returned to the Government under the circumstances set forth above, they do not coa stitute income to the contractor.

The above numbered solicitation is amended as set forth in black 12. The hour and dole specified for receipt of Offers☐ is ontended. ☐ is not extended.

Offerers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation, or as amended, by one of the tearing mothers:

let By wgning and returning. opes of this amendment, (b) by acknowledging receipt of this amendment on each copy of the offer submitted, or tc: By separate lafter a telegram which includes a reference to the solicitation and amendment number FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE ISSUING OFFICE PRIOR TO THE NOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER W, by virtue of this amendment you deure to change on offer already submitted, such change may be made by lingam or letter, provided such telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified. 10. ACCOUNTING AND APPROPRIATION GATA (1) required)

11. THIS MOCK APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS

(b)

This Change Order is issued pursuant to

The Changes set forth in block 12 are mode to the above numbered contract!' order.

The above numbered contract/order is modified to reflect the administrative changes (such as changes in paying office, appropriation data, etc.)
41 U.S.C. 252(c) (7)

(c) This Supplemental Agreement is entered unto pursuant to authority of
modifies the above mumuered contact as set forth in black 12.

12. DESCRIPTION OF AMENDMENT/MODIFICATION

in block 19.

The purpose of this Modification is to revise Article I, Scope of Contract, of the Letter Contract and to expand on Article IX, Payment.

1. Article I - Scope of Contract is hereby deleted in its entirety, and the following Article substituted therefor:

The contractor shall manufacturer and distribute influenza vaccine in accordance with the specifications set forth below during the contract period to the destinations and in the quantities specified on Delivery Orders issued by the Center for Disease Control The only obligations or responsibilites of the contractor in connection with the National Swine Flu Immunization Program of 1976 are contained in this contract. There are no warranties, expressed or implied, imposed on the contractor except as stated in this contract.

"

་་

Payment is deleted in its entirety, and the following Article substituted

Except as provided herein, all terms and conditions of the document referenced in black 8, as heretalare changed, remen unchanged and in full force and offact

Payment shall be made within 30 days for all vaccine which has been accepted. Each invoice r voucher shall, as a minimum, identify the appropriate Delivery Order for which the delivary as made, the vaccine type and amount delivered, the unit price, the total price, and the iccine lot number(s). All payments shall be on a provisional basis pending definitization of contract. The following prices shall be used for provisional payments for vaccine:

Payment for self-insurance retention and Insurance Premium on Liability shall be made ithin 30 days of receipt of contractor's invoice for same. The vaccine prices do not include le costs for self-insurance ($2,500,000) or premiums for liability insurance ($2,176, 693.25) h are solely attributable to the National Swine Flu Immunization Program of 1976.