Doriot Climatic Chambers
Sample Contract

TESTING AGREEMENT
BETWEEN
NATICK SOLDIER RD&E CENTER
&
(WRITE NAME OF COMPANY OR INDIVIDUAL)

NAME OF TEST OR NATURE OF SERVICE (Brief Description):









SPECIFIC ITEM TO BE TESTED (List or Explain):









PURPOSE (Include one Sentence Purpose Statement and Reference Attached Statement of Work):









     WHEREAS 10 U.S.C. 2539b(a)(3) gives the secretaries of the military departments authority to make available to any person or entity, at an appropriate fee, the services of any government laboratory, center, range, or other testing facility for the testing of materials, equipment, models, computer software, and other items.

     WHEREAS (Insert Company Name or Individual) _________________________________________ (hereinafter referred to as the Purchaser) has requested, and the Natick Soldier RD&E Center (hereinafter referred to as NSRDEC) has agreed to conduct and/or furnish, certain tests and/or test services as described above, the Purchaser and NSRDEC do now therefore agree to the following terms and conditions which shall govern the conduct and/or furnishing of such tests and/or test services:

  1. It is understood that NSRDEC will accept the items(s) listed above for the stated test and any information submitted for use in such test shall not be disclosed outside the Government, except that such information may be disclosed to foreign governments when tests are conducted for or on behalf of private foreign industry. Unless otherwise specified herein, the results of the stated test are confidential and may not be disclosed outside the Government without the consent of the Purchaser.

  2. The test and/or test services shall be conducted and/or furnished at (Insert Building Name & Number) _______________________ NSRDEC to commence on a date and at a time convenient to NSRDEC as determined by the laboratory director thereat who will notify the Purchaser of such scheduled date and the estimated completion date. The aforementioned beginning and estimated completion dates are to be furnished for planning purposes only, and NSRDEC may, at its discretion, change such dates or terminate the test prior to completion with or without prior notice to the Purchaser, and the Government shall not become liable to the Purchaser as a result of or because of such changes or termination.

    1. In consideration of the test and/or test services to be conducted and/or furnished by NSRDEC, the Purchaser agrees to pay NSRDEC the cost thereof as determined by NSRDEC, it being mutually agreed that such cost will include the amount necessary to recoup both the direct and indirect costs involved that are incurred by NSRDEC to provide for the testing.

    2. Additionally, it is understood and agreed that the Purchaser will bear all costs for transportation, packing, crating and drayage relating to the item(s) submitted for testing, including that which NSRDEC may, for its own convenience, perform or cause to be performed.

  3. It being estimated by NSRDEC that the cost of the test and/or testing services to be provided by NSRDEC will not exceed the sum of (Insert Dollar Amount) $_____________________ which sum includes:

    • Performing the tasks as outlined in Purchaserís attached Statement of Work.

    • The Purchaser will pay to NSRDEC prior to commencement of the test and/or test services, the sum of $ (________) by cashierís check, certified check, bank money order or U.S. Postal Money Order, payable to Defense Accounting Office Ė Natick

      The Purchaser shall note on the check and in an accompanying cover letter that payment is for Testing Services Agreement. In addition, the Purchaser shall note the following information: (1) the project name (2) the Purchaserís name (3) the Government technical point of contact. The Purchaser shall mail the payment to the following address:

                Defense Accounting Office - Natick
                U.S. Army Soldier and Biological Chemical Command
                Natick Soldier RD&E Center
                Kansas St.
                Natick, MA 01760-5000

    • It is understood and agreed that NSRDEC will not incur costs in excess of the estimated amount without notice to the Purchaser of a revised estimated cost, and deposit with NSRDEC by the purchaser of such additional sum as may be required to cover the additional estimated costs.

  4. The Purchaser and NSRDEC agree that:

    1. The Government shall not be liable for loss or destruction of or damage to the test item, or for any other damages, whether direct or consequential.

    2. Upon completion or termination of the test and/or test services, and receipt by the Purchaser of notification of such completion or termination, the Purchaser will promptly remove the test item from the Governmentís premises.

    3. All transfers of property or services of whatever nature made pursuant to this Agreement shall be without any express or implied warranty whatsoever, including the warranties of merchantability and fitness for a particular purpose.

  5. The Purchaser agrees:

    1. to hold harmless and indemnify the Government against the following insofar as they may result from the performance and/or furnishing of the test and/or test services described above:

      1. claims (including reasonable expense of litigation or settlement) by third persons (including employees of the Purchaser) for death, bodily injury (including sickness or disease) or loss of, damage to, or loss of use of property, and

      2. loss of or damage to property of the Government or property in its custody, and loss of use of such property, and

    2. that he will, at the request of and to the satisfaction of NSRDEC, furnish bond, U.S. Postal Money Order, certified check or other security to guarantee compliance with part (I) of this clause.

  6. The Purchaser agrees not to circulate, refer to, or otherwise use for publicity or advertising purposes the results of the tests conducted by NSRDEC in any manner that will bear a connotation of endorsement of a product by NSRDEC or any other agency of the Government.

  7. NSRDEC reserves the right to limit the number and term of visits of observers and/or test participators.

  8. The Purchaser agrees that provision of the services hereunder will not constitute undue competition with the private sector.


Natick Soldier RD&E Center (Name & Address of Purchaser)
Natick, Massachusetts _________________________
01760-5000 _________________________
1 1
BY: BY:
1 1
________________________
(signature)
________________________
(signature)
1 1
________________________
(printed name and title)
________________________
(printed name and title)
1 1
________________________
(date)
________________________
(date)


Last Update: 30 November 2006