Test and Evaluation Agreement
This agreement sets forth the terms and conditions under which [TESTING ORGANIZATION] will test and evaluate the [PRODUCT NAME AND VERSION] (“Product”) provided by [DEVELOPER ORGANIZATION].
The objective of the testing and evaluation is to assess the Product’s compliance with the requirements specified in the attached document titled “Requirements fo [PRODUCT NAME AND VERSION]” (“Requirements”).
NAME AND ADDRESS OF COMPANY: [FILL IN]
NAME OF TEST OR NATURE OF TEST SERVICES: [FILL IN NAME/TITLE].
SPECIFIC DEVICE TO BE TESTED (“TEST ITEM”):
WHEREAS, 10 USC §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 testing materials, equipment, models, computer software and
other items; and
WHEREAS, [FILL IN COMPANY NAME], hereinafter referred to as the “COMPANY,” and
the United States of America, hereinafter referred to as the “GOVERNMENT,” have agreed to conduct
and/or furnish, certain test services as described herein;
NOW, THEREFORE, the COMPANY and the GOVERNMENT do now hereby agree to the
following terms and conditions governing the conduct and/or furnishing of such tests and/or test services:
for the specified tests and any information submitted for use in such test shall not be disclosed
outside the GOVERNMENT without the consent of the COMPANY.
Systems Engineering Command (USAISEC), Technology Integration Center, Bldg. 53302 of
Ft. Huachuca, Arizona, to begin on a date and time convenient to the GOVERNMENT and
agreed to by both parties. The beginning and estimated completion dates are set forth below
for planning purposes. The GOVERNMENT may, in its discretion, change such test dates or
terminate the test prior to completion, with or without notice to COMPANY, based upon
Army testing needs and other factors. The GOVERNMENT shall not be liable to the
COMPANY as a result of, or because of such changes or termination of testing.
TEST BEGINNING DATE: [FILL IN]
TEST COMPLETION DATE: [FILL IN]
The GOVERNMENT and COMPANY will cooperatively test, evaluate, and analyze the TEST
ITEM supplied by COMPANY. The GOVERNMENT will provide the appropriate facilities
and the test instrumentation, as well as test personnel, when required to perform the test(s).
The COMPANY will provide the specific device or software to be tested, any required support
equipment and documentation, and their own test personnel, if agreed to by the
not bring any video, audio, cell phones, laptop computers, handheld computers or similar
devices within the secured area without the inspection and approval of appropriate security
personnel. The COMPANY will provide any documentation necessary for entrance in the
secured areas, be escorted within the secured area at all times, and only have access to
specified designated areas. Any COMPANY personnel so admitted must be U.S. citizens and
provide proof of said citizenship. The COMPANY agrees to use due care while on the
GOVERNMENT’S premises, to comply with all posted environmental, safety, health, and
security rules and regulations during the term of this Agreement, and to enter only those areas
so designated by GOVERNMENT personnel.
“Disclosing Party” means the party disclosing Confidential Information under this Agreement.
“Evaluation Period” means the period during which the testing and evaluation will take place, which is from [DATE] to [DATE].
“Receiving Party” means the party receiving Confidential Information under this Agreement.
(a) publicly known at the time of disclosure or subsequently becomes publicly known through no fault of the Receiving Party;
(b) discovered or created by the Receiving Party before disclosure by Disclosing Party;
(c) learned by the Receiving Party through legitimate means other than from the Disclosing Party or Disclosing Party's representatives; or
(d) is disclosed by Receiving Party with Disclosing Party's prior written approval.
It is further agreed by the GOVERNMENT and the COMPANY that:
necessary equipment at no cost to the GOVERNMENT.
familiarization of all equipment at the specified location at Ft. Huachuca, Arizona.
the GOVERNMENT may, for its own convenience, perform or cause to be
GOVERNMENT’S premises upon completion or termination of the test and/or test
services. Upon the COMPANY’S failure to do within a reasonable time, the
GOVERNMENT is authorized the removal of the TEST ITEM and any related
equipment and bill the COMPANY accordingly.
equipment and system(s) while under test and while located at the
(including press releases and the like) the results of the test conducted by the
GOVERNMENT in any manner that will state or imply that the GOVERNMENT
endorses any product or TEST ITEM.
conjunction with the use of government property.
all tests under this agreement.
equipment described herein.
as necessary to perform the required tests.
modifications to the equipment/software provided for testing purposes shall be
accomplished only by the COMPANY unless otherwise explicitly authorized
by written addendum to this agreement, signed by both the GOVERNMENT
and the COMPANY.
damage to COMPANY’S TEST ITEM and/or related equipment or system(s),
or for any other damages, whether direct, consequential, for delays or
as proprietary, confidential, or as a COMPANY trade secret. The
GOVERNMENT may divulge such information only to those GOVERNMENT
personnel directly involved in the tests and evaluation and the supervision of
that personnel and then only on a bona fide need –to-know basis.
generated as a result of tests and evaluation to GOVERNMENT personnel.
GOVERNMENT without the written consent of the COMPANY.
COMPANY as a result of the test and evaluation activity.
following insofar as they may result from the performance and/or furnishing of the test and/or
test services described above:
(including COMPANY’S servants, agents, or employees) for any loss, death, bodily
injury (including sickness or disease) or property damage, including loss of, or damage
to, or use of property (including software or the TEST ITEM and any related
equipment), except as may be caused by gross negligence or willful misconduct on the
part of any GOVERNMENT officers or employees who have supervision or direction
of all, or substantially all, of the test facilities or services in the execution of this
use of such property; and
and other participants.
GOVERNMENT, the COMPANY agrees to pay to the GOVERNMENT the cost thereof as
determined by the GOVERNMENT. The cost will include the amount necessary to recoup
both the direct and indirect costs involved that are incurred by the GOVERNMENT to provide
for the test and/or test services, in accordance with policies, accounting procedures, and
GOVERNMENT regulations in effect at the time of this agreement.
Typed or Printed Name: _____________________________
Typed or Printed Name: _____________________________