Attachment_2-Bailment_Agreement.pdf

BAILMENT AGREEMENT

Between

SCBA Offeror name:

Address:

(Bailor)

And

UNITED STATES AIR FORCE

Human System Division CBRN Sustainment

(AFLCMC/WNUS)

380 RICHARD RAY BLVD

ROBINS AFB, GEORGIA 31098

(Bailee)

SUBJECT: Self Contained Breathing Apparatus (SCBA)

This agreement, made and entered into this (date) , by and between Bailor and Bailee:

WHEREAS, the Bailor is the prime manufacturer of SCBA model number and/or part number and wishes to bail a quantity of four (4) each NFPA 2018 Certified SCBAs to the United States Air Force and Human Systems Division CBRN Sustainment (AFLCMC/WNUS), hereinafter referred to as Bailee; and

WHEREAS, the bailment of such property is for the mutual benefit of the parties hereto:

NOW THEREFORE, in consideration of the promises, mutual covenants, and agreements herein contained, and for other good and valuable consideration, the parties hereto agree as follows:

A. Bailed Property: Four (4) each NFPA 2018 Certified SCBAs are being provided for evaluation and assessment at no cost to the Bailee.

B. Purpose of Bailment: The property bailed hereunder is furnished to the Bailee for the purpose of evaluating the SCBAs in the United States Air Force work environment, the results of such evaluation and assessment serving to facilitate usage of commercially manufactured and available products in military functions and operations.

C. Costs: Bailment shall be at no cost to the Bailee and shall not create any liability, contingent or otherwise, on the part of the Bailee, nor constitute a basis for any claim whatsoever against Bailee, except as may be expressly provided herein.

D. Reports: In consideration for this bailment the Bailee shall, upon request, furnish a report to the Bailor of the results of the evaluation performed upon the bailed property. This report will be included in the post award debrief should a debrief be requested. In the event that a post award debrief is not requested, a report of the results of the evaluation can be requested separately. The form and extent of such report shall be as determined by the Contracting Officer. The report, however, will avoid comparison of the bailed item with other commercial competing products. The Bailor agrees that it will not use the information contained in the report provided hereunder for advertising or sales purposes nor will it use for advertising or sales purposes the fact that the Bailee has selected its property for test purposes. Further, nothing in the report shall be construed as an endorsement by the Bailee of the equipment so tested.

E. Period of Bailment: Bailment period shall be for a period of approximately 6 months, beginning 14 August 2020 through 01 March 2021. This agreement shall terminate on 01 March 2021.

Notwithstanding the foregoing, such bailment period may be terminated or reduced at the option of either party at any time upon fifteen (15) days written notice to the other party, and such period may be further extended by mutual agreement between the parties hereto.

F. Transportation: Bailor shall be responsible for transportation and transportation costs of the bailed property to the two initial evaluation locations (Eielson AFB, AK – 2 ea and Minot AFB, ND – 2 ea).

Bailee shall be responsible for transportation and transportation costs of the bailed property to and from the subsequent evaluation locations (Beale AFB, CA and Colorado Springs, CO). Once all evaluations are completed; the Bailee is responsible for transportation and transportation costs of the bailed property back to Bailor’s facility at (facility address) , no later than 30 days after termination of this Bailment Agreement. Bailed property shall be documented below; if at any time it becomes necessary to replace any/all of the listed bailed property it will be the responsibility of the bailor to provide shipping to the evaluation location.

Test Article #1

Model #_________________ Part #__________________ Serial #______________________

Test Article #2

Model #_________________ Part #__________________ Serial #______________________

Test Article #3

Model #_________________ Part #__________________ Serial #______________________

Test Article #4

Model #_________________ Part #__________________ Serial #______________________

G. Title: Title to and all proprietary rights in the bailed property shall remain with the Bailor.

H. Warranty: Bailor hereby provides the bailed property to Bailee “As Is” with no warranty. Bailee shall not be liable for any damages arising from this Bailment Agreement or the use, inability to use, failure or malfunction of the product, including incidental, consequential and special damages.

I. Liability:

1. The parties agree that this Bailment Agreement shall not create any liability or indemnification, contingent or otherwise, of the parties in contradiction of general legal principles of tort and agency. The parties acknowledge their duty to each other and to third parties to exercise ordinary care in the performance of this Bailment Agreement.

2. Bailee shall be liable for the loss of or damage to the Bailed Property while in the possession of the Bailee solely to the extent provided in accordance with the Federal Tort Claims Act (FTCA).

Bailee’s maximum liability shall not exceed (insert dollar value) $ , which is the replacement value of each bailed property.

3. The Bailor shall not be responsible for personal injuries or property damage incurred by the Bailee, its employees, or their invitees incident to the bailment or use of the bailed property.

J. Operation: The Bailee agrees that the bailed property will be used in compliance with the manufacturer’s operating instructions and procedures, and will be operated only by those of its agents, employees, and representatives who have been specifically trained in use of the bailed property. Except during periods of time when the bailed property is in transit to or from Bailor’s location (identified in paragraph “E” above), bailed property will at all times remain in the possession and control of Bailee.

K. Subsequent Purchase: This bailment in no manner obligates the Bailee to purchase the bailed property or items similar thereto, regardless of the success or failure of such tests.

L. No Endorsement: Bailor will not use the name of Bailee or any other government agency on any advertisement, product or service which is directly or indirectly related to the evaluation associated with this Bailment Agreement. By accepting this Bailment Agreement, Bailee does not directly or indirectly endorse any product or service provided, or to be provided, by Bailor, its successors, assignees, or licensees. The Bailor will not in any way imply that this Bailment Agreement is an endorsement of any such product or service.

M. Definitions: Any word or term used herein that is defined in the Federal Acquisition Regulation (FAR) shall have the same meaning as the definition in FAR 2.101 in effect at the time this agreement was executed.

N. Terms:

1. The terms of this agreement shall not be waived, altered, modified, amended, supplemented, or terminated in any manner whatsoever except by written agreement signed by both parties.

2. All agreements and representations contained in this document shall survive the execution and delivery of this Agreement and the expiration or other termination of this Bailment Agreement.

3. This Agreement shall constitute an Agreement of Bailment and nothing herein shall be constituted as conveying right, title, or interest in or to the bailed property, except as provided herein.

4. This Agreement shall be governed by and construed in accordance with federal laws and regulations of the United States of America.

IN WITNESS WHEREOF, the parties, by their affixed signatures, hereby consent to the terms and conditions of this Bailment Agreement.

Warner Robins Air Logistics Center

Amy Holder Contracting Officer

AFLCMC/WNKAC

SCBA Offeror

Name:

Official Title:

Company Na me: