PRODUCT LOAN AGREEMENT

I.  This Agreement sets forth the terms and conditions under which the Defense Information Systems Agency (DISA), (hereinafter, "the Government") shall accept without cost the loaned product(s) (hereinafter, "products") listed below from __________________________ (hereinafter, "the Contractor") for testing and evaluation.

Hardware Property

Quantity Type (e.g. Brand, Model, etc.) Description (e.g. PC, Monitor, Radio, etc.)

Software Property

Quantity Type (e.g. Brand, Model, etc.) Description (e.g. PC, Monitor, Radio, etc.)

Other Property

Quantity Type (e.g. Brand, Model, etc.) Description (e.g. PC, Monitor, Radio, etc.)

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II.  The product(s) listed in paragraph I above shall be delivered to ________________________________________________. The contractor shall provide an anticipated date (day/month/year) of delivery in writing to the contracting officer. The Government shall acknowledgment receipt of the product(s) in writing, and retain a copy of the acknowledgment.

III.  The Contractor shall bear the cost of transporting the product(s) to and from the address listed in paragraph XII and all risk of loss while they are being transported.

IV.  The Government is hereby authorized to perform whatever testing it deems necessary to evaluate the products, and shall be under no obligation to pay the contractor for their use. Testing by the Government is subject only to the following limitation:

The contractor grants to the Government a nonexclusive, nontransferable license to use, perform, and execute any product(s) delivered hereunder in connection with the testing and evaluation of the product(s). No other rights expressed or implied are granted.

V.  No copies of the product(s) shall be made without the prior express written consent of the contractor.

VI.  Ownership of the product(s) shall, at all times, remain with the contractor.

VII.  The Government shall not be liable for damage, destruction, or loss of the product(s).

VIII.  In the event that damage occurs to Government property solely as a result of the use of the product(s), the contractor shall be liable, at the Government's election, for repair or replacement of the damaged property.

IX.  Unless otherwise mutually agreed in writing via addendum to the Product Loan Agreement by the parties, the testing period shall be for ___ months and shall begin on or about________. The Government shall return the product(s) within thirty days after completion of testing. The Government shall provide the contractor written notification when the testing is completed. .

X.  The contractor shall acknowledge return of the product(s) by providing a written receipt on the date the Government surrenders possession of the product.

XI.  THE GOVERNMENT DOES NOT INTEND TO AWARD A CONTRACT ON THE BASIS OF THIS AGREEMENT AND SHALL NOT PAY FOR THE TESTING AND EVALUATION OR ANY EXPENSES INCURRED BY THE CONTRACTOR IN CONNECTION THEREWITH, EXCEPT AS STATED ABOVE. THE GOVERNMENT HAS MADE NO REPRESENTATIONS RELATIVE TO FUTURE ACQUISITIONS OF THE LOANED ITEMS AND THE TESTING OF THE PRODUCT(S) AND RESULTS DOES NOT CONSTITUTE ENDORSEMENT BY THE GOVERNMENT. INFORMATION CONCERNING FUTURE ACQUISITIONS IS TO BE OBTAINED FROM THE CONTRACTING OFFICER IN COMPLIANCE WITH THE FEDERAL ACQUISITION REGULATION, PART 5, PUBLICIZING CONTRACT ACTIONS.

XII.  The use of the product(s) under this Product Loan Agreement shall be for official Government business only. The place or location for demonstration and/or evaluation is listed below:

Requirements Office Code:_________________________________________________

Phone : ___________email address:
__________________________________________

Address:_________________________________________________________________

_________________________________________________________________________

XIII.  This Agreement constitutes the sole and entire understanding between the parties pertaining to the loan of product(s) listed in paragraph I above.

XIV.  The undersigned on behalf of the Government and the contractor have read the terms of this agreement, understand the terms, and agree to abide by them.

_____________________________________________________ Date: __________

Signature of Contractor

___________________________________________

Name/Company/Title of Signer (Type or Print)

______________________________________________________Date:___________

Signature of Contracting Officer

___________________________________________

Name/Office/Code of Signer (Type or Print)

Acknowledgement of Product Loan Agreement

____________________________________________ Date:___________

Signature of Property Book Officer

__________________________________________

Name of Property Book Officer/Office/Code of Signer:

______________________________________________ Date:___________

Signature of Action Officer

___________________________________________

Name of Action Officer/Office/Code of Signer

THE BELOW SIGNATURE IS REQUIRED IF THIS PRODUCT LOAN AGREEMENT HAS BEEN REVISED:

___________________________________________

Signature of Legal Counsel

___________________________________________ _____________

Name/Office/Code of Signer (Type or Print) Date

cc: Requirements Office

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Hardware Property

Quantity Type (e.g. Brand, Model, etc.) Description (e.g. PC, Monitor, Radio, etc.)

Software Property

Quantity Type (e.g. Brand, Model, etc.) Description (e.g. PC, Monitor, Radio, etc.)

Other Property

Quantity Type (e.g. Brand, Model, etc.) Description (e.g. PC, Monitor, Radio, etc.)

(e)  An automated Product Loan Agreement template (PDF) is located at DISA Workspaces _https://workspaces.disa.mil/gm/Present?object=1.11.348272.