HSHQDC-14-R-00083_-_HPT_Draft_Bailment_Agreement.pdf

HPT RFP, HSHQDC-14-R-00083 – Draft Bailment Agreement

U.S. Department of Homeland Security

Domestic Nuclear Detection Office

Washington, DC 20528

Company Name

Street Address

ATTN: Company POC

City, State, Zip Code

Re: HPT RFP, HSHQDC-14-R-00083 – DRAFT BAILMENT AGREEMENT

In accordance with the U.S. Department of Homeland Security (DHS), Domestic Nuclear

Detection Office (DNDO), Human Portable Tripwire (HPT) Request for Proposal (RFP or

Solicitation)HSHQDC-14-R-00083 , Company Name (hereafter referred to as “Offeror”) voluntarily agrees to provide the DNDO with ten (10) HPT Systems and ancillary equipment

(hereafter referred to as “HPT Systems”), in support of the Government’s final evaluation described in paragraph 15.3.3 of the above referenced RFP.

The final evaluation will consist of Performance Testing (PT) at Pacific Northwest National

Laboratory (PNNL) and Operational Testing (OT) at Charleston, SC and Uvalde, TX. The

Offeror agrees to the following terms and conditions:

1. Offeror will provide ten (10) HPT Systems (Insert System Name) to arrive at PNNL NLT

September 12, 2014. Failure to meet this delivery date may preclude the Offeror’s HPT

Systems from being included in the Government’s evaluation.

2. Offeror will provide the HPT Systems for the duration of the government testing. Key planning dates are as follows:

a. Performance Testing:

(1) September 12, 2014 - Last date for HPT Systems to arrive at PNNL.

(2) Vendor Training of Government Evaluators – Operator level training (maximum of one day in duration) at PNNL tentatively during September 15-19, 2014.

b. Operational Testing: December 2014 – January 2015.

c. Government returns shipment of HPT Systems to Offeror: February 2015.

3. Offeror authorizes DHS DNDO and its representatives to evaluate their HPT Systems against the HPT Requirements Traceability Matrix (RTM), Attachment B to the HSHQDC-

14-R-00083 RFP.

4. Offeror understands that neither DHS DNDO nor its representatives are liable for damages incurred to the HPT Systems during testing.

5. Offeror will coordinate with DHS DNDO and ship their HPT Systems in accordance with the directions at Appendix A.

6. Offeror will pay for shipping their HPT Systems to PNNL.

7. The Offeror will provide materials necessary to operate the HPT Systems over an extended time. This includes but is not limited to batteries, 110V AC power supplies, communication cables, etc. The Offeror will also provide user manuals, troubleshooting guides and any other supplies necessary to operate the system for the duration of testing.

8. Offeror will provide on-call technical support to the DNDO PT Team. This will primarily be telecon coordination where the evaluators may have questions relative to system functionality or interface to data acquisition software.

9. Offeror will set up, configure and calibrate their HPT Systems at PNNL at the beginning of the Performance Testing. In addition, the Offeror will verify that HPT Systems are fully operational and can pass the System Checkout requirements listed in Appendix B.

10. Offeror will provide operator level training on their HPT Systems to the DNDO Test Team at the beginning of the PT, paragraph 2a(2).

11. Offeror may be required to provide training on their HPT Systems to Customs and Border

Protection (CBP), United States Coast Guard (USCG) and Transportation Security

Administration (TSA), operators during OT (paragraph 2b). DHS DNDO will decide upon conclusion of Offeror’s training during PT, whether DNDO will require the Offeror to conduct training in support of OT.

12. If there is a system failure during the testing, if feasible, the Offeror will be given an opportunity to repair or provide a replacement system to undergo the remaining testing. The

Offeror 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 DNDO. The Offeror will be responsible for all costs for repair and/or replacement of a system during testing.

13. Offeror will not use the name of DHS DNDO or any other government agency on any advertisement, product or service which is directly or indirectly related to the testing associated with this Bailment Agreement. By accepting this Bailment Agreement, the

Offeror understands that DHS DNDO does not directly or indirectly endorse any product or service provided, or to be provided, by the Offeror, its successors, assignees, or licensees.

The Offeror will not in any way imply that this Bailment Agreement is an endorsement of any such product or service. The Offeror 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.

14. Offeror approves the release of photographs of the HPT Systems taken during the HPT PT and/or OT. The Offeror understands that any photographs taken without approval for release will be maintained by DHS DNDO to preclude unauthorized release.

In return, DHS DNDO agrees to the following terms and conditions:

1. DHS DNDO will provide the Offeror with appropriate facilities and support to conduct the operator level training at the beginning of PT and/or during OT.

2. DHS DNDO will assume costs associated with return shipping HPT Systems at the conclusion of OT to the Offeror.

3. DHS DNDO, its representatives, and its partners during the conduct of HPT testing will treat all the data and reports as business sensitive. Written permission will be obtained from the

Offeror prior to the dissemination of information outside of the Government organizations participating in the testing.

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, Offeror agrees to the terms and conditions contained herein.

Offeror Representative Date

Title

Organization

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

Ms. Lori Lawson Date

Contracting Officer

Department of Homeland Security, Office of Procurement Operations

Appendix A: Shipping Requirements

1. Offeror will coordinate and ship their HPT Systems and materials items to:

Pacific Northwest National Laboratory (PNNL)

ATTN: XXX

902 Battelle Boulevard

Richland, WA 99352

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

2. Shipments with any amount of radioactive material require notification five (5) days prior to shipping. The POCs identified below will need the following information:

a. Isotope.

b. Activity.

c. Whether the source(s) is a sealed source.

d. Form (solid, liquid, gas).

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

3. POCs:

a. DHS DNDO: TBD

b. PNNL: TBD

Appendix B - System Checkout

The Offeror will setup, configure and calibrate their HPT Systems at PNNL at the beginning of the PT and/or at OT locations (if required). The Offeror will verify that their HPT Systems are fully operational in accordance with applicable user and technical manuals, and at minimum, demonstrate the following to the DNDO Test Team:

1. System can be turned on and off.

2. System detection, alarm and identification capabilities.

3. System Graphical User Interface (GUI) indicators.

4. System communications to include downloading of data via cable and/or wireless.

5. System can respond to a standard check source (i.e., CS).