SAMPLE BAILMENT AGREEMENT

This Bailment Agreement dated XXXX (Effective Date of order) between Project

Manager (PM) Tactical Radios (TR), 6007 Combat Drive, Aberdeen Proving Ground,

MD 21005-5001 (herein referred to as “Bailee” or “PM TR”) and Contractor XXXX

(herein referred to as “Bailor” or “Contractor XXXX”).

1. Bailed Property. Bailor will deliver for use under this contract of bailment

(“Agreement”) to the Bailee all items identified under CLIN 5001/7001 (Qualification

Testing) or CLIN 5002/7002 (Performance Verification Testing) (“Bailed Property”),

please see the specific order Request for Proposal (RFP).

Location of the Bailed Property will be in accordance with CLIN 5001/7001 or CLIN

2. Purpose of Bailment. Bailee shall use the Bailed Property solely for Government

Qualification Testing or Performance Verification Testing, please see specific order

modified/altered, without written consent of the Bailor. The receipt of such property

shall not be construed as indicating any Government preference for any company’s

equipment or capabilities, nor as any limitation on the Government’s discretion and

freedom of choice in the future selection of contractors for any possible future

procurement action.

3. Acceptance of Bailed Property.

Bailee acknowledges and agrees that the Bailed Property is provided to and accepted

otherwise, made or assumed by Bailor in connection with this Agreement or the use of

the Bailed Property by the Bailee. Bailor specifically disclaims and Bailee expressly

waives any all warranties in respect to the Bailed Property, including the implied

warranties of merchantability and suitability for intended purpose.

Upon Bailor’s delivery of Bailed Property to the location identified in Paragraph 1 above,

it shall be deemed that such property has become Bailed Property subject to the terms

and conditions of this Agreement, without the need for any additional agreements,

instruments, or other documents.

4. Term and Termination. The Bailment Agreement and all Government liability

associated with it under this agreement shall terminate when the Bailed Property has

been retrieved by Bailor from a CONUS location mutually agreed upon by both the

Bailor and the Bailee.

either Qualification Test or Performance Verification Test is completed (or any later

agreed upon date).

at any time during the term of this Agreement. Termination shall be effective by the

giving of thirty (30) days written notice to the other party. Should a termination notice be

Any agreed upon extension of this agreement shall be in writing and signed by

authorized parties on both sides (both Bailor and Bailee) of the agreement and attached

as an amendment.

5. Fee. Bailor shall not be obligated or liable to Bailee for the payment of any fees or

other expenses of any nature pursuant to this Agreement.

6. Retention of Title. Title to, and ownership of, the Bailed Property shall at all times be

in, and remain with the Bailor. The bailed property shall not be transferred or delivered

to any third party, without the prior written consent of the Bailor.

efforts to prevent any third party or parties to assert any liens of whatsoever nature the

Bailed Property, nor will Bailee by any agreement, use the Bailed Property as collateral

in any secured transaction.

8. Protection & Liability of Bailor’s Property. The Bailee shall at his expense protect

the Bailed Property from damage; shall maintain the Bailed Property in good condition

The Bailee shall not be financially liable to the Bailor for any damage or loss of the

Bailed Property while in the custody and care of the Bailee.

9. Limitation of Liability. To the extent provided under applicable law, Bailor shall not

be liable for any direct, indirect, incidental or consequential damages sustained or

incurred by Bailee as a result of the use of the Bailed Property or any alleged faulty

performance of the Bailed Property, or resulting from any method or process for which

which may arise as the result of personal injuries to Contractor XXXX, its

representatives or invitees incident to the bailment or use of the bailed property.

EVENT SHALL BAILEE BE REQUIRED TO INDEMNIFY THE BAILOR FOR LIABILITY

10. Demonstration and Test Results Data. Any reports, data, or other information

generated by the Government as a result of the testing of the bailed property shall be

the property of the Government. The Government does not agree to safeguard, above

or beyond the requirements of statutory law governing disclosures of trade secrets and

similar information, the property, reports, data, or information gathered during the

Either party may re-designate is respective representative by written or electronic notice

to the party.

12. Assignment. This Agreement and any rights granted by it may not be assigned or

otherwise transferred by either party without the prior written consent of the other party

13. Disputes. If a dispute arises relating to this agreement, the parties may file suit in

the United States Court of Federal Claims under the Tucker Act, 28 U.S.C. §1491(a)(1).

14. Governing Law and Venue. This agreement shall be governed by the Federal laws

and regulations of the United States of America.

15. Modifications. No modifications to the terms of this agreement shall be valid and

binding unless executed by both parties in writing and signed by the signatories of this

agreement.

16. Entire Agreement. This Agreement contains the entire understanding between the

In witness whereof, the parties hereto have executed this Agreement as of the effective