Attachment_A_No_Cost_Agreement_for_Ballistic_Shield_Testing.pdf

3/18/15

VENDOR AGREEMENT

PURPOSES OF BALLISTIC SHIELDS TESTING FOR SOLICITATION

15A00018R00000091

I. Background:

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) recognizes that vendor demonstrations are a useful way for vendors to showcase their product or service capabilities as part of the Government's responsibility to determine if a ballistic shield is technically acceptability.

II. Purpose:

__________________ (Vendor), hereinafter referred to as “the vendor,” will send their ballistic shield to the Government to allow the product to be tested.

III. Location:

This product shall be sent to ATF’s ATF Operational Equipment Branch (OEB) Special Agent Lee Baldwin 45250 Severn Way Suite 101 Sterling, VA 20166

PH# 919/280-0268

IV. Dates/Duration:

The vendor must send the ballistic shield and be received by the Government no later than 08/24/2018. The test will not commence until the product has been received and mutually agreed by both parties. The shield will not be returned and will be at no cost to the Government.

V. Terms and Conditions:

1. The vendor must send the ballistic shield no later than 08/24/2018.

2. The examination and testing of the ballistic shield in no way, expressed or implied, obligates the agency to purchase, rent, or otherwise procure the item.

3. The vendor agrees to allow trained ATF personnel to test the ballistic shield at no charge to the Government. ATF personnel will not endorse the vendor's ballistic shield.

4. Vendors have sole responsibility for furnishing all supplies, equipment, training, etc., necessary to accomplish the demonstration.

5. The testing of ballistic shield will in no way, expressed or implied, obligate the Government to purchase, or otherwise procure the items demonstrated. The Government is not bound or obligated in any way to give any special consideration to the vendor on future contracts as a result of the testing.

6. Inasmuch as this Agreement is related to an opportunity for the Government to evaluate the ballistic shield without charge or obligation, __________________ (Vendor) makes no warranties or representations, whether express or implied, including, without limitation, the implied warranties of merchantability and fitness for a particular purpose.

7. The Government acknowledges that __________________ (Vendor) represents the ballistic shield provided hereunder as copyrighted, and constitutes trade secrets and proprietary data of __________________ (Vendor). The Government acknowledges that it is obtaining no title to nor ownership in the ballistic shield received as a result of this Agreement. The Government shall not copy or transfer this product, and shall treat the product and all associated materials as it treats its own proprietary and confidential information, provided such care is deemed reasonable. The Government shall not reverse engineer the product or service provided hereunder, in whole or in part.

8. ATF assumes no cost or obligation, expressed or implied, for damage to, destruction of, or loss of any vendor-provided equipment or material used in the demonstration. All risk of loss, destruction, or loss of property introduced to a Government site by vendor shall be solely at the risk of the vendor. The ballistic shield after testing is done to determine technical acceptability will NOT be returned to the vendor.

9. In return for the opportunity to test the ballistic shield, the vendor agrees not to file any claims against the U.S. Government, or any of its authorized agencies, or otherwise seek any form of reimbursement for the use, or compensation for the loss, damage to, or destruction of the product displayed during this demonstration. The vendor agrees to release and hold harmless the United States, ATF, and all their employees and contractors from any and all claims or demands resulting from any loss, damage, death or injury that may arise due to use of the vendor's product or service.

10. The vendor may not file any claim against the agency or otherwise seek compensation for the ballistic shield provided. The agency is not bound or obligated in any way to give special consideration to the vendor on future contracts as a result of the demonstration.

11. The parties have executed this Agreement as of the dates set forth below. This Agreement can only be modified bilaterally and in writing.

VI. SIGNATURES

VENDOR: __________________

BY: _____________________________________ Date: __________________ (Signature of Vendor Representative)

(Typed/printed name and title of Vendor Representative)

GOVERNMENT: __________________ (insert name of Staff Office)

BY: _______________________________________ Date: ___________________ (ATF Contracting Officer)

(Typed/printed name of ATF Contracting Officer)