CBPUGS20141101 - Attachment E.pdf

Product Demonstration Agreement – CBP Template

PRODUCT/SERVICE DEMONSTRATION AGREEMENT

U.S. Customs and Border Protection (Government) and ______________________________________ (Vendor) enter into the following Product/Service Demonstration Agreement (Agreement).

I. Definition

Product or service demonstration - a marketing research method in which the government has an opportunity to gain information about market capabilities through products or services demonstrated by a Vendor at no cost to the Government.

II. Product or Service Demonstration

Enclosure 1 lists the products or services to be demonstrated.

a. Time Period

The Contractor desires to demonstrate its products or services for a ______ day period of time. The start date for the demonstration is ____________ with an end date of ____________. These dates may be modified in accordance with section IV of this Agreement.

b. Location

The location(s) where the demonstration(s) will be held is/are:

c. Demonstration Obligations

The vendor’s products or services listed in Enclosure 1 shall be rendered at no cost to the government, and the vendor waives any claims against the Government for compensation for this demonstration.

d. Advertising and Future Proposal Rights

The vendor shall not refer to this demonstration as implying government acceptance or approval for advertising purposes. The vendor also acknowledges that the Government makes no commitment to buy the products or services involved, or to give the vendor any special consideration in any future acquisition in which the vendor may submit a bid or proposal.

III. Limitation of Liability and Indemnification

The Government will not be held responsible for any loss or damages resulting from this demonstration. To the fullest extent permitted by law, the Vendor shall indemnify, defend, and hold harmless the Government, its agencies, and all officials, agents, employees and assigns, from and against all claims arising out of, or resulting from the performance of the product or service demonstration agreement. The Vendor’s obligation to indemnify, defend, and hold harmless includes any claim by the Vendor’s agents or representatives. Further, any actual or alleged concurrent negligence of the Government or its agencies, agents, employees, and officials shall not eliminate or reduce the vendor’s obligations. The Government retains all rights with respect to any claims against the Vendor, or the Vendor’s agents and representatives, arising out of, or resulting from the performance of the product or service demonstration agreement.

IV. Incorporation

The Agreement, including enclosure 1, constitutes the entire agreement between the parties with respect to the product or service demonstration. To the extent there is a conflict between the language in the enclosure and the Agreement, the Agreement shall take precedence over the enclosure. This Agreement can only be modified in writing, with the signatures of authorized representatives. For the Government, the only authorized representative is the Contracting Officer.

FOR THE VENDOR:

Name: __________________________

Position: __________________________

Signature: __________________________

Date: __________________________

FOR THE GOVERNMENT:

Name:

Position:

Contracting Officer

ENCLOSURE 1

Summarize the products or services to be demonstrated. Outline the complete scope of work for deployment of the products to be utilized, the areas to be utilized in and the participants for the service. Additional documentation and/or brochures should be provided as necessary.

Summary of Demonstration/Test and Evaluation: