Bailment_Agreement.docx

DRAFT / INFORMATIONAL PURPOSES ONLY

Bailment Agreement RFP Attachment # This Bailment Agreement is made and entered into as of ____________[Date], by and between:

________________________ [Offeror Name], a ___________________[State of Incorporation], with a principal place of business at _______________________________________________________________[Offeror Address] ("Bailor"), and The United States Government, represented by the Air Force Life Cycle Management Center (AFLCMC), Robins Air Force Base, Georgia ("Bailee").

RECITALS

WHEREAS Bailor has submitted a proposal in response to Request for Proposal (RFP) [RFP Number] for the provision of F-16 Boresight Systems; and WHEREAS the Government desires to evaluate a representative sample of the Bailor's proposed F-16 Boresight System as part of its evaluation process; and WHEREAS Bailor is willing to provide one (1) F-16 Boresight System for evaluation purposes, subject to the terms and conditions set forth herein.

NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants contained herein, the parties agree as follows:

1. Bailment. Bailor hereby agrees to bail to Bailee, and Bailee hereby agrees to accept on bailment, one (1) F-16 Boresight System, for the sole purpose of evaluation and assessment as described in RFP [RFP Number]. The Equipment shall include all components necessary to perform a complete boresight of an F-16 aircraft. The F-16 Boresight System shall be the same model and shall represent the base unit that the offeror intends to provide on the contract effort should it receive the contract award, with the possible exception of additional fixtures. This system will be used for evaluations of the factors and subfactors described below: Comment by GUEST, KIMBERLY L CIV USAF AFMC AFSC/PZCA: You did not have any subfactors above.

Factor I: Technical

Subfactor One: Is the boresight equipment effective in an operational environment? Comment by GUEST, KIMBERLY L CIV USAF AFMC AFSC/PZCA: These subfactors are not detailed above in Section L in terms of what the offeror should submit in relation to each subfactor.

Evaluate the ability of the boresight equipment system to align F-16 required systems:

· Time required to Establish ABRL

· Ability to Boresight Confidence Check Heads Up Display (HUD) Mount

· Ability to Boresight Confidence Check Left Angle of Attack (AOA) Mount

· Ability to Boresight Confidence Check Right AOA Mount

· Ability to Boresight Confidence Check Gun

· Ability to Boresight Confidence Check Left Hardpoint Mount

· Ability to Boresight Confidence Check Right Hardpoint Mount

· Ability to Boresight Confidence Check Inertial Navigation Unit (INU) Mount

· Ability to Boresight Confidence Check Fire Control Radar (FCR) Mounting Pins

· Ability to Boresight Confidence Check Rate Sensing Unit (RSU) Mounting Pins

· Ability to Mechanically Boresight (pot) Left Hardpoint Mount

· Ability to Mechanically Boresight (pot) Right Hardpoint Mount

· Ability to Mechanically Boresight (pot) INU Unit Mount

· Ability to Mechanically Boresight (pot) FCR Mounting Pins

· Ability to Mechanically Boresight (pot) RSU Mounting Pins

· Boresight System Accuracy

Subfactor Two: Is the boresight equipment suitable in an operational environment?

Evaluate Boresight system reliability:

· Boresight system maintainability

· Component Durability

· Boresight system transportability

· Ability to Calibrate Boresight Equipment

· Boresight system safety

· Deployment

· Adequacy of Packaging, Handling, and Storage (PH&S)

· Boresight system manpower supportability

· Boresight system logistics supportability

· Adequacy of Support Equipment

· Boresight system documentation

· Adequacy of Maintenance Documentation

· Boresight system training

· Adequacy of Maintenance Testing

2. Delivery. Bailor shall deliver the Equipment to the Air National Guard Air Force Reserve Test Command (AATC) at 1600 East Super Sabre Dr, Building 10 Tucson AZ 85706-6081 on or before [TBD to be provided by AFLCMC/ROKA contracting office], as notified by the AFLCMC/ROKA contracting office after receipt of proposals. The Bailor is responsible for all costs associated with packing, shipping, and insuring the Equipment to the designated delivery location.

3. Use. Bailee shall use the Equipment solely for the purpose of evaluation and assessment as described in RFP [RFP Number]. Bailee shall not use the Equipment for any other purpose without the prior written consent of Bailor. The parties acknowledge that the Equipment will be used to perform the assessments outlined in Factor I, Subfactor One and Two of the RFP, including alignment of F-16 systems and evaluation of reliability, maintainability, transportability, safety, manpower supportability, logistics supportability, documentation, and training.

4. Term. The term of this Bailment Agreement shall commence upon delivery of the Equipment to the AATC and shall continue until [TBD] or until the Government notifies the Bailor that the evaluation is complete, whichever occurs first. The Government anticipates that the evaluation period will not exceed 1week.

5. Title and Ownership. Title to and ownership of the Equipment shall remain exclusively with Bailor at all times. Bailee shall acquire no right, title, or interest in or to the Equipment under this Agreement, except the right to possess and use the Equipment in accordance with the terms hereof.

6. Condition of Equipment. Bailor represents and warrants that the Equipment is in good working order and suitable for the intended evaluation purposes.

7. Maintenance and Repair. Bailee shall exercise reasonable care in the use and handling of the Equipment. Bailee shall be responsible for any damage to the Equipment caused by its negligence or willful misconduct, except for normal wear and tear resulting from the intended evaluation activities. Bailee shall immediately notify Bailor of any damage to the Equipment.

8. Return of Equipment. Upon termination of this Agreement, Bailee shall return the Equipment to Bailor at [TBD] in substantially the same condition as when received, less normal wear and tear. Bailee shall be responsible for all costs associated with packing, shipping, and insuring the Equipment for its return to Bailor. The Bailee shall return the equipment within [Number] days of notification that the evaluation is complete.

9. Insurance. Bailor shall maintain adequate insurance coverage to protect against loss or damage to the Equipment during the term of this Agreement, including transit to and from the AATC. [Consider specifying minimum coverage amounts or types of insurance required].

10. Liability. To the extent permitted by law, Bailee's liability for any loss, damage, or injury arising out of or related to this Agreement shall be limited to direct damages, and Bailee shall not be liable for any consequential, incidental, or special damages. The United States Government's liability is governed by applicable federal law, including the Federal Tort Claims Act.

11. Termination. Either party may terminate this Agreement upon [Number] days written notice to the other party. The Government may terminate this agreement immediately if it determines that continued bailment is not in the best interest of the Government. Upon termination, Bailee shall promptly return the Equipment to Bailor as provided in Section 8.

12. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the United States of America.

13. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

14. Amendments. This Agreement may be amended only by a written instrument signed by both parties.

15. Notices. All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified mail, return receipt requested, or sent by reputable overnight courier service to the addresses set forth above (or to such other address as a party may designate by notice to the other party).

IN WITNESS WHEREOF, the parties have executed this Bailment Agreement as of the date first written above.

[Offeror Name (Bailor)] By: [Authorized Representative Name] Title: [Title] Date: [Date] The United States Government (Bailee) By: [Contracting Officer Name - leave blank for offeror to fill in if known; otherwise put "To be completed by Government"] Title: [Contracting Officer Title - same as above] Date: [Date]