Draft Attachment 4 - Bailment Agreement 14APR20.pdf

DRAFT ATTACHMENT 4 – 70RWMD20R00000003

Bailment Agreement

U.S. Department of Homeland Security

Countering Weapons of Mass Destruction

Office 245 Murray Lane

Mail Stop 0315

Washington, DC 20528

Company Name

Street Address

ATTN: Company POC

City, State, Zip Code

Re: Personal Radiation Detector - BAILMENT AGREEMENT

In accordance with the U.S. Department of Homeland Security (“DHS”), Countering

Weapons of Mass Destruction Office (“CWMD” or “Bailee”), Personal Radiation Detector

("PRD") Program Solicitation 70RWMD20R00000003 (“Solicitation”), [insert Company Name]

(hereafter referred to as “Bailor” or “Offeror”) voluntarily enters into this Bailment Agreement

(“Agreement”) to provide CWMD up to eight (8) Personal Radiation Detectors, in support of the

Government’s technical evaluation. This Bailment is for the mutual benefit of the Bailor and

Bailee (collectively “the Parties”).

PURPOSE

The purpose of this Bailment Agreement is to make available up to eight (8) PRDs from the Bailor for technical evaluation by the Bailee in order to award a contract or contracts under the Solicitation.

EFFECTIVE DATE

The effective date of this Agreement is the date that both parties have signed below.

This Agreement shall be in full force and effect until the bailed property is returned to the Bailor, or purchased by the Bailee, whichever is later.

BAILED PROPERTY AND USE

The following items are included in this agreement:

1. Eight (8) Personal Radiation Detectors

2. Any ancillary items required to operate the PRD

3. Operation Manual

Bailor will provide the required items as set out below, no later than 12 June 2020 (this date corresponds with the date the proposal is due) Failure to meet this delivery date may preclude the Offeror's PRD from being considered for award.

Bailor will provide the PRDs for the duration of the PRD Technical Evaluation, that is planned to conclude on or about 30 September 2020. Key planning dates are as follows:

Delivery: 12 June 2020

Testing: 8 July – 7 August 2020

Projected return: 31 October 2020

Actual dates may vary, and the above dates are for general planning purposes.

Bailor authorizes DHS CWMD and its representatives to use their PRDs in Test and

Evaluation (T&E). The units subjected to environmental, ruggedness, and high exposure rate tests may require refurbishment after the test. CWMD assumes no responsibility for refurbishment costs.

CONDITION OF PROPERTY

The property shall be furnished by the Bailor to the Bailee in fully functioning condition.

The property will be returned to the Bailor from the Bailee in “as is” condition after the conclusion of testing. The Bailee will assume a reasonable standard of care consistent with a bailment for the mutual benefit of the Parties, but shall not be liable for ordinary wear and tear that occurs from testing or shipment.

DELIVERY, INSPECTION, AND RETURN OF BAILED PROPERTY

The PRDs shall be shipped to the following location:

Pacific Northwest National Laboratory (PNNL)

Attn: TBD/BRM# TBD

No PO

Battelle for the USDOE

790 6th Street

Richland, WA 99354

The Bailor shall be responsible for shipping costs for delivery to PNNL. Bailee is responsible for shipping costs for return of PRDs to Bailor. Contact [TBD at

PNNL] to make shipping arrangements.

COST OF BAILMENT

It is agreed to by the Parties that the Bailed Property shall be provided under this

Agreement at no cost to the Bailee or to any employees, officers, or instrumentalities of the

United States of America.

DAMAGE TO OR LOSS OF BAILED PROPERTY

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) under a standard of care applicable to a bailment for the mutual benefit of the bailor and bailee.

Bailee shall not be responsible for wear and tear to the Bailed Property that is occasioned by normal and ordinary usage or testing. In the event of complete loss or irreparable damage to the bailed property due to gross negligence, Bailee’s maximum liability shall not exceed the Fair

Market Value of the Bailed Property.

ANCILLIARY SUPPORT

Team.

Bailor may need to provide on-call technical support to the CWMD PRD Evaluation

If there is a system failure during the testing, if feasible, Bailor will be given an opportunity to repair the system on a non-interference basis. Bailor understands that repair or replacement may not be feasible when applicable factors are considered (shipping, timing, logistics, etc.), and therefore, the decision to allow or disallow a repair/replacement rests solely with DHS CWMD. The Bailor will be responsible for all costs for repair and/or replacement of a system during testing.

PUBLICITY

Bailor will not use the name of DHS CWMD or any other government agency on any advertisement, product or service which is directly or indirectly related to the Technical

Evaluation associated with this Bailment Agreement. By accepting this Bailment Agreement, the Bailor understands that DHS CWMD does not directly or indirectly endorse any product or service provided, or to be provided, by the Offeror, 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. The Bailor will not express or imply that its participation in this program resulted in any type of “pass/fail” or “approval” or “certification” or other such imprimatur on the part of the Government or any other program participants.

PROCUREMENT INTEGRITY

The Parties agree that until notified otherwise by the Contracting Officer, all data generated as a result of the testing will be considered Procurement Sensitive.

CHOICE OF LAW

The construction, validity, performance, and effect of this Bailment Agreement for all purposes will be governed by the laws of the United States of America.

By signature below, the Offeror agrees to the terms and conditions contained herein.

Offeror/Bailor Representative Date

Title

Organization

By signature below, DHS CWMD agrees to the terms and conditions contained herein.

Ms. Annemarie Spence Date

Contracting Officer

U.S. Department of Homeland Security

Office of Procurement Operations

Appendix A: Shipping Requirements

Offeror will coordinate and ship their PRDs to:

Pacific Northwest National Laboratory

Attn: TBD/BRM# TBD

Battelle for the USDOE

790 6th Street

Richland, WA 99354

Hazardous materials (i.e., He-3, batteries, etc.) must be identified and marked on the outside of the shipment.

Shipments with any amount of radioactive material require notification fifteen (15) days prior to shipping. The POCs identified below will need the following information:

Nuclide.

Activity.

Whether the source(s) is a sealed source.

Form (solid, liquid, gas).

Physical description (Note: If the source is imbedded in the System, then a statement to that effect will suffice).

POCs:

DHS CWMD: TBD

Pacific Northwest National Laboratory: TBD