firms interested in entering into a Bailment Agreement whereby a firm will establish and operate an Environmental Test Laboratory facility using (in part) Government-owned test equipment

The Naval Surface Warfare Center Panama City (NSWC PC) is seeking firms interested in entering into a Bailment Agreement whereby a firm will establish and operate an Environmental Test Laboratory facility using (in part) Government-owned test equipment. The list of equipment and special requirements are set forth below. Interested parties should pay special attention to the paragraphs entitled Laboratory Site Visit and Discriminating Factors. The proposed Bailment Agreement is set forth below. 1. PURPOSE 1.1. The purpose of this Agreement is to physically relocate the attached list of equipment from the NSWC PC Environmental Test Lab to an appropriate facility of the Bailee's for use in commercial endeavors. 1.2 The Parties agree that entering into the Agreement for the stated Purpose is to their mutual benefit, and that such benefit constitutes full and adequate consideration for entering into this Agreement. By entering into this Agreement, neither party assumes any obligations of any kind to the other party not expressly stated herein. This Agreement does not constitute or create a joint venture, partnership, or formal business entity of any kind. 2. EFFECTIVE DATE AND TERM OF AGREEMENT This Agreement shall become effective upon the date of the last signature by the authorized representatives of the Parties. The Bailor intends that the term of this Agreement shall continue from the Effective Date through the five (5) years thereafter with four (4), five (5) year options. However, either party may terminate this Agreement and the period for the retention of the Bailed Property by the Bailee by giving the other Party one hundred twenty (120) calendar days notice thereof in writing. Upon such termination, the Bailor shall promptly provide instructions to the Bailee for the return of the Bailed Property. Transportation costs back to the Government or other designated location will be at the cost of the Bailee. 3. BAILED PROPERTY The Naval Surface Warfare Center Panama City (hereinafter referred to as the - Bailor) agrees to transfer to ________(name of selected business entity)_________________ (hereinafter referred to as the - Bailee) and Bailee agrees to receive from Bailor for the purpose and under the conditions specified in this Agreement, the following described Bailed Property: (Preliminary List - Bailee may potentially receive all or part of the following equipment) Equipment Approx Value Centrifuge $ 30,000.00 Drop Leaf Table $ 50,000.00 Natural Environ - Leak Test Tank $ 10,000.00 Natural Environ - Pressure Vessel $ 20,000.00 Natural Environ - Salt Fog Chamber $ 20,000.00 Natural Environ - 64 CF Temp and Humidity Chamber $ 20,000.00 Natural Environ - Thermal Shock Chamber $ 75,000.00 Natural Environ - Walk-in Temperature Chamber $350,000.00 Tensile Tester $100,000.00 Shock - Drop Testers $ 75,000.00 Shock - Lightweight Shock Machine $ 50,000.00 Shock - Low Displacement Shock Machine $ 25,000.00 Shock - Very High G Shock Machine $ 25,000.00 Shock - 15 inch Air Gun $500,000.00 Shock - 21 inch Air Gun $600,000.00 Transportation Table $ 20,000.00 Vibration - 4,000 lb-f Vibration Table $150,000.00 Vibration - 6,000 lb-f Vibration Table $260,000.00 Vibration - 40,000 lb-f Unholtz-Dickie Vibration Table $535,000.00 Vibration - Isolation Table $ 10,000.00 4. AGREED VALUE The agreed value of the Bailed Property at the time of delivery is set forth above. 5. CONDITION OF PROPERTY The Bailed Property is furnished by the Bailor to the Bailee in an - as is, where is condition, and there are no warranties or guarantees concerning the fitness of the Bailed Property for any particular use or purpose. 6. PROTECTION/SAFEGUARDING OF THE BAILED PROPERTY 6.1 The Bailee must provide a covered, climate controlled, secure facility within 20 miles of NSWC PC. Potential Bailees with facilities outside the 20-mile radius are invited to submit proposals, however they are cautioned that proximity is a discriminating factor when choosing the successful Bailee. The facility must be of ample size to support all equipment charged to the Bailee's care. The Bailee may be provided up to 15 days from the award of this Agreement to secure a suitable facility. 6.2 The title to all Bailor's equipment shall remain with the Government. The Bailee shall maintain adequate property control records in accordance with sound industrial practices and will make such records available for Government inspection at all times. 6.3 The Bailee must have ISO 9001 compliant procedures within 180 days of receipt of the equipment. Official registry of the said procedures is preferred. 6.4 The Bailee must be cleared / authorized to work with, possess, provide testing on and store Government materials up to and including SECRET classification. The Bailee's facility must have all appropriate security features installed to ensure materials provided remain secure. 6.5 Testing conducted and reports written by the Bailee will be independent of the Navy, NAVSEA, and NSWC PC and will require a PE (professional engineer) signature to validate the report. 6.6 Bailee will be required to maintain, certify for use, and safely operate equipment provided to applicable Government and/or industry standards. 6.7 The Bailee will be responsible for the procurement of any ancillary equipment required to operate test equipment provided. Bailee will have 180 days to set up equipment for operation. 7. U.S. NAVY USE OF BAILED EQUIPMENT 7.1 General: The Government anticipates that from time to time it will have the need for the test services of a facility of this expected type and capability. If and when such a requirement exists, the parties agree as follows; a. The Government will be considered a priority customer. As such, its requirements will be accorded priority over any non-Government requirements. b. Any Government requirements for environmental test services by the Bailee will be handle by separate purchase arrangement and are not considered part of this Agreement. c. The Bailee will be considered a potential source for environmental test services, but this agreement does not commit the Government to purchase any services nor provide the Bailee any preferred status in the selection and awarded of any specific purchase actions for environmental test services. d. Fair compensation will be paid to the Bailee for any services provided with the Bailor's equipment. The amount paid to the Bailee for services utilizing the Government property specified herein will be as specified in individual purchase agreements. However, as part of this agreement, the parties hereto agree that any equipment use rates (or similar charging structure) that involves the use of any of the above Government-owned property in the performance of a U.S. Navy awarded procurement will be discounted by a minimum of 20 percent from those rates charged non-Federal customers. e. The Bailee shall be free to provide services to any and all others for profit with the Bailed equipment. This Agreement will in no way prohibit the Bailee from making a profit with the Bailed equipment except occasions of emergency or scheduled work for NSWC PC defined in this Agreement. 7.2 Scheduled work The Bailor agrees act in good faith and provide the Bailee with as much advanced notice as possible to allow the Bailee to schedule all work. The Bailee agrees to provide NSWC PC personnel with priority access to testing services. Upon official notification to the Bailee from the contracting officer or representative, the Bailee will have 7 days to reschedule or complete work and make services ready for NSWC PC. 7.3 Emergency work Upon official notification from the contracting officer or representative of an emergency need for testing services, the Bailee must make every effort to provide testing services within 24 hours. 7.4 Modification of Equipment The Bailee may modify equipment from its current configuration to accommodate testing needs. All modifications shall be temporary unless mutually agreed upon in writing by the Bailee and Bailor's contracting officer. 8. TRANSPORTATION OF BAILED EQUIPMENT The Bailee will take possession of equipment onboard Naval Support Activity-Panama City (NSA PC) at building 490. The Bailee shall disconnect and tear down equipment from its existing location in building 490 aboard NSA PC, transport to their location and set-up for operation. The Bailee assumes all cost and liability upon the receipt of equipment until such time as the Agreement is expired, or mutually cancelled. The Bailee assumes all cost associated to bring the equipment up to applicable industry and Government standards. The Bailor stipulates that equipment may be deemed antiquated by mutual agreement of the Bailor's representative and the Bailee. A final decision on that equipment will be made by the contracting officer or his/her designated representative. 9. COST OF BAILMENT It is agreed by the Parties that the Bailed Property shall be provided under the Agreement at no cost to the Bailee or to any employees, officers, or instrumentalities of the United States of America. 10. 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 Torts Claims Act (FTCA). Bailee shall not be responsible for wear and tear to the Bailed Property that is occasioned by normal and ordinary usage. In the event of loss or irreparable damage to the bailed property, the Bailee's maximum liability shall not exceed the Agreed Value of the Bailed Property. 11. GOVERNING LAW This Agreement shall be governed by the Federal laws and regulations of the United States of America. 12. LIABILITY The Bailor shall not be responsible for damages to the property of Bailee or the property of others, or for personal injuries to the Bailee's officers, agents, servants, or employees, or to other persons, arising from or incident to the use of the property herein bailed. In addition, the Bailee shall indemnify and hold the Government harmless from any and all such claims; provided that nothing contained in this clause shall be deemed to affect any liability the Government has to its own employees. (end of agreement) DISCRIMINATING FACTORS for selection of Bailee This proposed Bailment Agreement is being publicized as a Special Notice in the Government Point of Entry (GPE). In order to be considered for assignment of this Agreement, prospective Bailees shall respond to this notice with the following information: Factor 1: Does the proposed bailee have the expertise to safely and effectively operate the environmental test equipment to be bailed? Brief resumes and a capability statement shall be provided for this factor. Factor 2: Does the proposed bailee have adequate facilities to house, operate, and protect the Government's equipment? If not, are they able to secure a suitable facility within fifteen (15) days from the effective date of the Agreement? Please describe the proposed facilities in detail, to include any alterations which will be required. Factor 3: What is the projected usage, both Government and private, of the bailed equipment? This should be set forth in hours per year per piece of equipment. Factor 4: Is the proposed facility within a 20 mile radius of NSWC PC? If not, is there a plan for responding to emergency testing requirements? Factors 1-3 are of equal importance and when combined are significantly more important than factor 4. Since this agreement is unpriced, the Government will choose the response which offers the greatest benefit and the least risk based on the above factors. LABORATORY SITE VISIT Prospective bailees who wish to examine the equipment set forth herein are invited to participate in a site visit at Naval Surface Warfare Center Panama City (NSWC PC) on Wednesday, 16 May 07, at 0930 hrs CDT. In order to attend you must email your name and that of your firm to Tammy Lee Bair, Contracting Officer, at contact@example.gov. Your information must be received NLT 1200 hrs, CDT, on Tuesday, 15 May 07. INSTRUCTIONS TO POTENTIAL BAILEES In order to be considered for assignment of the above mentioned property, prospective bailees shall prepare a package which addresses the Discriminating Factors set forth above. In addition, attendance at the laboratory site visit is highly recommended before preparing your response. Questions regarding this proposed agreement may be sumitted to Ms. Bair at the email address above NLT 1500 hrs CDT on 14 May 07 for an answer to be provided at the site visit. Additional questions may be submitted in writing during or after the site visit, up until 1500 hrs CDT on 1 June 07. The deadline for submission of your response to this proposed bailment agreement (to include the factors listed above) is 1500 hrs CDT on 6 June 07. Submissions shall be transmitted to Ms. Bair via email using the address provided above. A less preferred method of submission is to fax your response to Ms. Bair at +1 (555) 000-0000.