AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT		CONTRACT ID CODE		PAGE OF PAGES
		D0-C9(U)			1			3

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

4. REQUISITION/PURCHASE REG. NO

5. PROJECT NO. (if applicable)

P00011

SEE BLOCK 16C

07PR06944-01

N.A.

6. ISSUED BY

CODE

N00014

7. ADMINISTERED BY (if other than item 6)

SCD-C

CODE

S3915A

OFFICE OF NAVAL RESEARCH			DCM PHILADELPHIA
ONR 254: WADE WARGO (703) 696-0719			PO BOX 11427
875 NORTH RANDOLPH ST			700 ROBBINS AVENUE BLDG 4A
ARLINGTON VA 22203-1995			PHILADELPHIA, PA 19111-0427

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) OCEAN POWER TECHNOLOGIES, INC. 1590 REED ROAD PENNINGTON, NJ 08534						(3)			9.A. AMENDMENT OF SOLICITATION NO. N.A.
						o			9B. DATED (SEE ITEM 11)
						þ			10A. MODIFICATION OF CONTRACT/ORDER NO. N00014-02-C-0053
									10B. DATED (SEE ITEM 13) 11 FEB 2002
CODE 04EP7			FACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

o The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers o is extended o is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and data specified in the solicitation or as amended, by on of the following methods: (a) By completing items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of the 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 data specified. 12. ACCOUNTING AND APPROPRIATION DATA (if required)
SEE THE ATTACHED FINANCIAL ACCOUNTING DATA (FAD) SHEET(S)

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

(3)			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.
o
o			B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).
o			C. SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: AUTHORITY FOR OTHER THAN FULL AND OPEN COMPETITION:
þ			D. OTHER (Specify type of modification and authority) Mutual Agreement of Parties in accordance with FAR 43.103(a)

E. IMPORTANT: Contractor o is not, þ is required to sign this document and return 1 copies to the Issuing office. 14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The purpose of this modification is to provide for additional costs for a cost growth and to increase the costs and fixed fee for expansion items under Contract Number N00014-02-C-0053.

See Page 2

Except as provided herein, all terms and conditions of the document referenced in item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER  (Type or print) Charles F. Dunleavy Chief Financial Officer						16A. NAME AND TITLE OF CONTRACTING OFFICER  (Type or print) Wade Wargo Contracting Officer
15B. CONTRACTOR/OFFEROR			15C. DATE SIGNED			16B. UNITED STATES OF AMERICA		16C. DATE SIGNED
/s/ Charles F. Dunleavy			9/13/2007			BY /s/ Wade Wargo		9/13/2007
(Signature of person authorized to sign)						(Signature of Contracting Officer)

SN 7540-01-152-8070 PREVIOUS EDITION UNUSABLE NAVOCNR OVERPRINT (3-88)	30-105	STANDARD FORM 30 (REV. 10-83) Prescribed by GSA FAR (48 CFR) 53.243

Effective as of the date of this modification:

1)		The funds available for performance of this contract are increased by the amount set forth in the attached Financial Accounting Data sheet(s).
2)		Revise SECTION B — SUPPLIES OR SERVICES AND PRICES/COSTS to incorporate the expansion effort for CLIN 0001. the cost growth for CLIN 0005, and to provide funding for both under ACRN AG as follows:

												TOTAL ESTIMATED
ITEM NO.		SUPPLIES/SERVICES		ESTIMATED COST				FIXED FEE				COST & FIXED FEE
0001		The Contractor shall furnish the necessary personnel and facilities to conduct the research effort as described in Section C.		$	7,377,883			$	299,552			$	7,677,435
		000101 ACRN:AA $2,400,000
		000102 ACRN: AC $1,285,129
		000103 ACRN: AD $1,598,937
		000104 ACRN: AE $1,100,114
		000105 ACRN: AF $899,976
		000106 ACRN: AG $393,279
0002		Reports and Data in accordance with Exhibit A(DD Form 1423)										NSP
0003		OPTION 1 — Wave Tank Test 2; Validate Numerical Models		$	99,850			$	5,991			$	105,841
0004		OPTION 2 — On-going Ocean Test -Continue Monitoring		$	107,979			$	6,479			$	114,458
		000401 ACRN: AC $77,220
0005		OPTION 3 — Complete System Removal		$	391,710			$	15