B._Demonstration_Agreement.doc

INDIAN HEALTH SERVICES

PHOENIX AREA OFFICE, PHOENIX INDIAN MEDICAL CENTER

VENDOR/DEMONSTRATION AGREEMENT

Point of Contract:

Christian Guess, Chief of Engineering, Christian.Guess@ihs.gov, Phone: 602-263-1539

Point of Contact Contractor:

Contractor name, Contractor address, Email and Phone Number, hereinafter referred to as the “vendor,” is authorized to perform a product demonstration of the equipment described below subject to the terms of this agreement.

DESCRIPTION OF DEMONSTRATION AND/OR PRODUCT DISPLAY:

Ophthalmic Surgical Microscope.

LOCATION OF DEMONSTRATION OR DISPLAY:

Integrated Surgical Service/Operating Room, Phoenix Indian Medical Center, 4212 North 16th Street, Phoenix, AZ 85016, Point of Contact: Christian Guess

DATE (S) AND DURATION OF DEMONSTRATION OR DISPLAY:

Offeror shall provide the PIMC ISS/OR Department one demonstration ophthalmic surgical microscope for eight days in order to evaluate Factor 1. At no cost to the Government, the offeror shall deliver, install, and configure equipment on a Monday and on the eight day (following Monday) the offeror shall uninstall and pickup equipment. Before the technical equipment evaluation start, both parties you need to be in agreement with Indian Health Service, Phoenix Area Office, Phoenix Indian Medical Center, Vendor/Demonstration Agreement. For more information on the Vendor/Demonstration Agreement see Attachment B – Vendor/Demonstration Agreement. If the offeror is unable to provide the ophthalmic surgical equipment the offeror will be excluded from the RFQ as being unresponsive to the RFQ solicitation.

The parties to this document agree as follows:

1. Vendor demonstrations and product displays are conducted for the sole purpose of demonstrating the capability of a particular item(s) or service and not for fulfilling mission requirement for an interim time frame. The examination and demonstration of item(s) or services will in no way, expressed or implied, obligate Indian Health Services to purchase, rent or otherwise acquire the item(s) demonstrated. Normally, vendors will have sole responsibility for furnishing all supplies, equipment, etc., necessary to accomplish the demonstration. On occasion, it may be desirable to furnish certain supplies and/or equipment from Government assets to support vendor demonstrations. These supplies and equipment will not be furnished unless approved by proper Indian Health Services authority. The vendor agrees to repair, replace or fully reimburse the Government for any damage or loss incurred while the supplies and/or equipment are in his/her possession or use transportation, maintenance, and demonstration of item are accomplished without cost to Indian Health Services. An authorized representative of the firm shall conduct the demonstration. Indian Health Services personnel will not demonstrate nor endorse the vendor's product. Indian Health Services must exercise due care in handling item(s) on demonstration. Indian Health Services assumes no cost or obligation, expressed or implied, for damage to, destruction of, or loss of such equipment, or for damages or injuries resulting from the submission to Indian Health Services of defective item(s) for demonstration. The Contracting Officer is the duly authorized representative of the Government for purposes of this agreement.

2. The vendor understands that any data provided by the vendor becomes property of Indian Health Services and the vendor does not possess a proprietary interest in any of the data provided.

3. The vendor will not file any claim against Indian Health Services or otherwise seek compensation for any information or services provided.

a. Any public announcement of this Agreement shall be coordinated between the Vendor and Indian Health Services. By entering into this Agreement, Indian Health Services does not directly or indirectly endorse any product or service provided, or to be provided, by Vendor, its successors, assignees, or licensees. The Vendor shall not in any way imply that this Agreement is an endorsement of any such product or service.

b. The vendor will not file any claim against Indian Health Services or otherwise seek compensation for any information or services provided through this demonstration or product display. The vendor hereby releases, discharges and agrees not to sue the United States, Department of Health and Human Services or, Indian Health Services for any injury, death or damage to or loss of personal property arising out of, or in connection with this agreement.

4. Indian Health Services and Health and Human Services are not bound, nor are the agencies obligated, to follow any recommendation of the vendor. The United States Government is not bound, nor is it obligated, in any way to give any special consideration to the vendor on future contracts.

5. No Government-Furnished Property will be required for this demonstration.