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stoney

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  1. Unlike a P-code, or F-code (purchase order or delivery order), an H-code contract deals with "Basic Agreements" or "Loans". Is this more along with what you are talking about? What do you suggest? Should this even be a contracting action or more of a lease the customer could sign?
  2. I agree with you. But with the timeline and need, we have competition concerns. Doing a bailment, I believe, keeps this out of CONS' hands and removes our CICA requirements. Would your suggestion be more of an H-type contract that still needs to be solicited or at least sole-sourced?
  3. Thank you for all your input. To help clear things up, here are some more details. Customer has developed fancy software and wants to test it out on cutting edge hardware to show proof of concept. They don't have this hardware and only need it temporarily (2-3 weeks). The following is my assumption: Customer found a vendor who has this hardware and asked to borrow it. Vendor wants customer to sign a bailment agreement for liability purposes. Customer obviously has some benefit, but there is no plans to purchase this equipment. Customer wants to show off their stuff during a DV visit then ship the hardware back. I don't see the vendor really benefiting except for their perceived assumption of "getting their foot in the door". We are an operational CONS and we don't have agreements officers and our legal doesn't know about this either. To answer some other questions (sorry I don't do forums very much so not sure how to identify who asked) but the only money changing hands is for shipping costs. The customer is installing, testing, etc., vendor is just letting them borrow it on the condition we buy it if we break it. Here is what my unit has decided to do after discussing it further with other units and this forum: - Customer/their commander/their program office can sign a revised agreement that myself and legal have drafted. - This agreement removes the government's liability except as provided by the Federal Tort Claims process (damage due to negligence) - Specifically lays out the government's non-endorsement or obligation top buy. As someone has said, let's say we do allow for contingent liability and a CO/agreement officer (or just the customer for that matter) signs the document. If the worst happens, what is the payment vehicle?
  4. Search the forums and am unable to find what I am looking for regarding bailment agreements and government liability in the context of the FAR and CO authority. Long story short, vendor is letting customer use some fancy gadgets to test in their system at no-cost. They just pay for return shipping (GPC purchase). However, vendor and customer want to enter into a bailment agreement to make it official. Part of the agreement is a "if you break it you buy it clause". Question is, who has the authority to bind the government to pay for the gadgets if the worst case scenario happens? Who is the AF going to come looking for if the vendor files a claim or comes banging on doors? The FAR/DFARS/AAFARS don't speak on these types of situations. At best, we made a case that this can be part of customer market research but contracting doesn't enter into this process until later. Customer wants contracting to sign it thinking we have authority here even after explaining we don't (no appropriated funds to obligate). Legal does not recommend it. Our solution is to have the customer, or the customer's commander/program office head to sign it, accepting the risk. If that's the case, if it breaks, how do we process that claim? My solution is the Federal Tort Claims process. Other solutions is a GPC purchase for a nominal fee (cost of shipping) with maybe a indemnity clause? Time is of the essence (like it always is) so the route of doing an award for the cost of shipping with an option for the full price of the item might be off the table due to the time of drafting/approving a sole source J&A. Ultimately, even if we got their commander or program office, or even the Wing/CC to sign it, how do we process that claim financially in that event? Can't just write a check can we?
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