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Performance Work Statement Summary

This is a Performance Work Statement (PWS) for inspection, calibration, standardization, and certification services for materials testing instruments and laboratory equipment at the Western Federal Lands Highway Division (WFLHD), a division of the U.S. Department of Transportation Federal Highway Administration. The Contractor shall provide comprehensive technical inspection, preventive maintenance, calibration, standardization, and certification services for analytical and scientific laboratory equipment, as well as out-of-cycle diagnostic troubleshooting, corrective repairs, and alignment to maintain compliance with federal, national, and international standards including ANSI, ASME, ASTM, IEC, and ISO. Services include work on universal testing machines, load frames, load cells, extensometers, displacement transducers, force and torque measurement devices, hardness testers, impact testers, environmental chambers, balances, ovens, furnaces, temperature and humidity instruments, dimensional measurement tools, pressure gauges, vacuum systems, and data-acquisition systems.

The period of performance is a twelve-month base period followed by four optional twelve-month periods. Work shall be performed on-site at the FHWA-WFLHD compound located at 610 E Fifth Street, Vancouver, Washington during standard operating hours (7:30 AM to 3:30 PM, Monday through Friday, excluding federal holidays), with off-site repair authorized only when technically unfeasible by mutual agreement. The Contractor must maintain ISO/IEC 17025:2017 accreditation by an ILAC-MRA recognized body and employ personnel with minimum three years of direct experience. All calibrations must be traceable to the National Institute of Standards and Technology (NIST) through the International System of Units. Key deliverables include inspection deficiency reports, equipment service labels with tamper-evident stickers, AASHTO R18-compliant calibration certificates, and NIST traceability documentation, all due within specified timeframes. The Contractor must provide a 30-day workmanship warranty on all repair labor and a 90-day minimum parts warranty. Emergency service requests require technician on-site within one day; standard requests require response within two days. The contract is structured as a hybrid fixed-price level-of-effort performance-based services order subject to Service Contract Act wage rate requirements and includes insurance requirements with minimum coverage of $1,000,000 combined single limit for general liability and automobile liability.

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D-1

Inspection, Calibration, Standardization, and Certification of Materials Testing Instruments and Laboratory Equipment

SECTION D – PERFORMANCE WORK STATEMENT (PWS)

1. INTRODUCTION

1.1. Background. Western Federal Lands Highway Division (WFLHD), a division of the US Department of Transportation – Federal Highway Administration, designs and administers, primarily, road construction projects on Federal Lands in the states of Alaska, Washington, Oregon, Idaho, Montana, and Wyoming. The type of construction is generally 2-lane roads or highways either accessing Federal lands or within Federal lands.

The objective of this requirement is to secure comprehensive technical inspection and preventive maintenance, calibration, standardization, and certification services for analytical and scientific laboratory equipment as well as as-needed adjustments and/or repairs to maintain compliance with federal, national, and international standards including ANSI, ASME, ASTM, IEC, ISO or other recognized consensus standards to ensure measurement integrity, operational safety, and regulatory readiness. Additionally, this procurement will support the laboratory’s quality-management, accreditation, and audit requirements while minimizing equipment downtime and preserving the integrity of testing activities.

1.2. Scope. The Contractor shall provide all management, supervisory personnel, labor, materials, tools, reference standards, software, test equipment, and transportation necessary to inspect, calibrate, standardize, and certify materials testing laboratory equipment in accordance with the equipment manufacturer’s requirements, applicable consensus standards, approved laboratory procedures, and generally accepted metrology practices.

Additionally, the Contractor shall provide all labor, supervision, diagnostic equipment, replacement parts, tools, transportation, and materials required to perform out-of-cycle diagnostic troubleshooting, corrective repairs, alignment, and post-repair operational verification and restore affected laboratory equipment to fully operational manufacturer specifications.

Work shall be performed by qualified personnel using standards and test equipment with current, documented traceability to the International System of Units through an appropriate national or international metrology institute.

Services apply to both standard benchtop and specialized laboratory assets, including but not limited to, universal testing machines, load frames, load cells, extensometers, displacement transducers, force and torque measurement devices, hardness testers, impact testers, environmental chambers, balances, ovens, furnaces, temperature and humidity instruments, dimensional measurement tools, pressure gauges, vacuum systems, data-acquisition systems, and associated software or control systems.

1.3. Place of Performance. The work performed under this Purchase Order shall be accomplished on-site within the confines of the FHWA-WFLHD compound located at 610 E Fifth Street, Vancouver, Clark County, WA 98661-3801. Performance off-site may be authorized If on-site repair is determined technically unfeasible by mutual agreement between the Contractor and the Technical Point of Contact (TPOC).

On-site services shall occur during WFLHD standard operating hours between 7:30 AM and 3:30 pm (Local Time), Monday through Friday, excluding federal/official holidays. Repairs outside standard operating hours must be explicitly pre-approved by the CO or TPOC.

D-2 of Materials Testing Instruments and Laboratory Equipment

1.4. Period of Performance. The period of performance of this procurement will be a base period of twelve (12) months in duration and four (4) optional periods of performance, each twelve

(12) months in duration. The anticipated Period of Performance is as follows:

1.5 Approach. This Hybrid Fixed-Price Level-of-Effort Performance Based Services order is structured to encourage innovation, efficiency, and continuous improvement. The contractor is encouraged to identify and implement improved methods of performance that meet or exceed the government's objectives – ensuring a mutually beneficial outcome.

This PWS articulates the government’s performance expectations rather than prescribing specific activities. Success depends on effective communication, shared accountability, and a commitment to excellence from both parties. While the contractor is responsible for quality assurance and self-management, government oversight will continue to support compliance and performance monitoring.

2. APPLICABLE REQUIREMENTS

2.1. Qualifications

2.1.1. Contractor. The Contractor’s calibration facility and field operations shall possess and maintain ISO/IEC 17025:2017, General Requirements for the Competence of Testing and Calibration Laboratories, accreditation by an ILAC-MRA recognized accrediting body (e.g., A2LA, ANAB, NVLAP) through the life of the order. Proof of accreditation shall be provided to the Government with the Contractor’s quote submission. The Government reserves the right to request additional submission at any time during work performance to validate that it is current.

2.1.2. Personnel. The contractor shall provide personnel with documented training, education, a minimum of 3 years of direct experience, and technical competence appropriate to the equipment and services being performed under the purchase order. Personnel shall be familiar with applicable measurement standards, calibration methods, laboratory practices, equipment safety requirements, and the interpretation of calibration results. Proof of personnel qualifications shall be provided with the Contractor’s quote submission. The Government reserves the right to request additional submission at any time during work performance to validate that it is current, subject to applicable privacy and security requirements.

2.2. Safety and Compliance. The provider shall comply with all applicable health, safety, environmental, electrical, radiation, chemical, and facility-access requirements. Technicians shall use appropriate personal protective equipment and shall protect laboratory personnel, samples, facilities, and adjacent equipment during service activities. Any hazardous condition discovered during inspection shall be reported promptly and, when necessary, the equipment shall be labeled or secured to prevent unsafe use.

2.3. Traceability. All calibrations must be fully traceable to the International System of Units (SI) through the National Institute of Standards and Technology (NIST) or equivalent National Metrology Institutes (NMIs).

2.4. Execution Standard. The contractor shall perform the work in accordance with the latest applicable versions of the following, as identified by the Government for each item of equipment:

D-3 of Materials Testing Instruments and Laboratory Equipment

• Equipment manufacturer’s technical manuals, specifications, and maintenance instructions.

• Applicable ASTM, ISO, ANSI, ASME, IEC, or other recognized consensus standards.

• Laboratory quality procedures and equipment-specific work instructions provided by the

Government.

• Applicable occupational safety, electrical safety, environmental, and facility-access requirements.

• Relevant laboratory accreditation and quality-management requirements.

If requirements conflict, the contractor shall notify the CO or TPOC before proceeding. The contractor shall not substitute a different method, acceptance criterion, or standard without prior written approval.

2.5. Reference Standards. All working standards, weights, and test gauges used by the Contractor must maintain active, traceable NIST calibration certificates with a minimum TUR (Test Uncertainty Ratio) of 4:1, unless constrained by state-of-the-art instrument limitations.

2.6. Transition Activities (Phase In/Phase Out). The services under this contract are vital to the Government and must be continued without interruption and that, upon contract expiration, a successor, either the Government or another contractor, may continue them. The Contractor shall cooperate fully in the transition and shall provide services needed to assist in a smooth and orderly transition between the incumbent Contractor and a successor Contractor to ensure minimum disruption to vital Government business. The services may include, but are not limited to: data and other file transfer, material transfer, coordination with existing Contractor, and other activities to assist in an orderly transfer and establishment of continued operation of the contract services.

2.6.1. Incumbent Contractor. Ad-Tek Inc. (UEI R2MRBLPCR3W9) located in Boring, Oregon under Purchase Order No. 69056722P000015.

2.7. Work By Others. The Government reserves the right to undertake by contract, by Government personnel, or by other means, the same or similar kinds of work as contracted for in this order, depending on the availability of resources. Such actions shall not be violations of this order and shall not be considered as terminations in whole or in part of any work procured through this order.

3. TASK REQUIREMENTS

The Contractor shall perform inspection and preventive maintenance, calibration, standardization, and certification for all identified equipment. The Master Requirements List (Attachment 0001) contains the work requirements which vary by year.

Each piece or group of equipment shall be inspected, calibrated, standardized, or checked by the end of the month listed for that item in Attachment 0001 (i.e., if January is listed as the month in which a piece of equipment must be serviced, all work shall be completed by January 31st of that performance year).

The following tasks are required to complete this work successfully:

D-4 of Materials Testing Instruments and Laboratory Equipment

3.1. Technical Inspection and Preventive Maintenance (PM). The contractor shall conduct a documented inspection before calibration or standardization. The inspection shall include, as applicable:

3.1.1. Physical and mechanical checks for wear, corrosion, damaged wiring, loose components, and structural integrity. Verify there is no evidence of damage, wear, corrosion, tampering, unauthorized modification, or expired calibration.

3.1.2. Verification of electrical safety compliance (e.g., ground resistance, leakage current, indicators, alarms, and emergency-stop functions) under applicable NFPA/IEC safety standards.

3.1.3. Verification and inspection of hydraulic, pneumatic, thermal, vacuum, and environmental-control systems.

3.1.4. Confirmation of software, firmware, data-acquisition interfaces, and configuration settings.

3.1.5. Verification of safety guards, interlocks, warning labels, and other protective features.

3.1.6. Perform manufacturers recommended maintenance and replace routine consumable parts (e.g., O-rings, seals, lamps, filters) with OEM recommendations. If the manufacturer requires “factory-trained” individuals to perform maintenance tasks to guarantee reliability and repeatability of the test equipment, the Contractor shall so comply.

3.1.7. Prior to departing the facility, the contractor shall document all deficiencies and provide a written notice to the Government of any condition that could create a safety hazard, compromise test results, or cause equipment damage.

3.2. Calibration and Standardization

3.2.1. Calibration. The contractor shall calibrate each applicable measurement channel and operating range using approved procedures and standards appropriate to the equipment.

Calibration shall include as applicable:

3.2.1.1. As-found measurements before adjustment or repair.

3.2.1.2. Adjustment or correction when authorized and technically appropriate.

3.2.1.3. As-left measurements after adjustment or corrective action.

3.2.1.4. Verification across the required operating range, including multiple test points and loading or environmental conditions where specified.

3.2.1.5. Evaluation of repeatability, linearity, hysteresis, resolution, stability, and other applicable performance characteristics.

3.2.1.6. Verification of displays, indicators, controls, alarms, and data-recording functions.

3.2.1.7. Identification of measurement uncertainty or decision rules when required by the applicable procedure or standard.

D-5 of Materials Testing Instruments and Laboratory Equipment

Calibration results shall be evaluated against the acceptance criteria specified by the Government, equipment manufacturer, or applicable standard. Equipment shall not be represented as conforming when the available evidence does not support conformity.

3.2.2. Standardization. The contractor shall standardize equipment when required to establish a consistent reference condition, operating response, or measurement relationship.

Standardization may include setting reference points, verifying zero and span, confirming system response, establishing correction factors, or configuring approved operating parameters. All standardization activities shall be documented, reproducible, and approved by the designated Government representative when they affect test results or equipment configuration.

3.3. Equipment Service Labels. The contractor shall affix a physical, tamper-evident sticker to each equipment or component serviced. Each label shall include, at a minimum, the equipment ID or asset number, date service was performed, and technician initials or signature.

3.4. Certification. The contractor shall provide a certificate which conforms to the requirements in AASHTO R18 Section 6.5 where applicable for each equipment, item, or measurement system. Certification shall clearly state the equipment identification, manufacturer, model number, serial number, asset number, the applicable requirements, frequency interval, as-found data (before adjustment), work performed, as-left data (after calibration), results, limitations, and certification status.

NIST Traceability Documentation is required for the testing equipment used in the calibration or standardization as appropriately noted in the applicable standard and shall be provided to the Government for reference.

3.5. Out-of-Tolerance (OOT) Notification. If an instrument is found operating outside allowable tolerance limits during the "As-Found" evaluation, the Contractor shall immediately tag the unit as "OUT OF SERVICE - DO NOT USE" and notify the TPOC within 4 hours. This notification shall include an Out-of-Tolerance report detailing the exact magnitude of deviation to assist the Customer in conducting quality impact assessments.

3.6. Corrective Actions and Repairs. The contractor shall obtain prior authorization from the Contracting Officer (CO) before performing any repair service which extends beyond the scope of the standard inspection, PM, calibration, and/or standardization service.

3.6.1. Provide the CO with a firm-fixed price quote to perform any relevant repair service within 3 days of OOT Notification. Do not perform the service(s) until a Notice to Proceed has been received from the CO.

3.6.2. The contractor shall repeat the affected inspection and calibration activities following any authorized repair. The contractor shall identify any period during which previous measurements may have been affected and shall provide a written statement of the potential impact based on available evidence.

4. OUT OF CYCLE REPAIRS

The contractor shall perform emergency and/or unscheduled (out-of-cycle) repair, maintenance, and diagnostic services for laboratory equipment located within WFLHD. "Out-of-cycle" refers to

D-6 of Materials Testing Instruments and Laboratory Equipment repairs needed outside scheduled routine inspection and PM, calibration, standardization, and certification intervals due to sudden equipment malfunction, operational degradation, or failure.

4.1. Service Requests & Response Times.

4.1.1. Service Request Initiation. The TPOC will issue out-of-cycle repair requests via email or phone.

4.1.2. Response Priorities & Arrival Windows

4.1.2.1. EMERGENCY (CRITICAL OPERATIONAL IMPACT). Contractor shall acknowledge receipt within 2 hours and have a qualified technician on-site within 1 day of notification.

4.1.2.2. STANDARD. Contractor shall acknowledge receipt within 4 hours and have a qualified technician on-site within 2 days) of notification.

4.2. Diagnostics & Cost Estimation. Prior to executing any repair exceeding $1,000.00, the Contractor shall submit a written Diagnostic Assessment and Cost Estimate to the TPOC which shall include:

• Detailed summary of diagnosed issue/failure.

• Itemized breakdown of required OEM (Original Equipment Manufacturer) or OEM-equivalent parts and costs.

• Estimated labor hours and applicable labor rates.

• Estimated time to completion.

No work exceeding the pre-established threshold shall commence without written authorization from the CO or TPOC.

4.3. Repair Execution & Parts Standard. The Contractor shall repair or replace worn, damaged, or defective components using new, standard OEM parts or OEM-approved equivalent parts. Reconditioned or refurbished parts may only be used with prior written approval from the TPOC. All repair activities shall adhere to manufacturer technical specifications and applicable industry safety protocols (e.g., OSHA, electrical safety).

4.4. Post-Repair Testing & Calibration. Upon completion of repairs, the Contractor shall perform functional testing, operational checks, and (if applicable) recalibration/re-certification to verify equipment operates within OEM specifications. The Contractor shall provide a completed Service Field Report to the TPOC within 1 day following repair completion, detailing work performed, parts replaced, and operational status.

5. QUALITY CONTROL AND WARRANTY

5.1. Workmanship and Parts Warranty

5.1.1. Workmanship Warranty. The Contractor shall warrant all repair labor for a minimum of thirty days post-acceptance. If the same failure occurs within this period due to workmanship, the Contractor shall re-perform the repair at no additional cost to the Government.

D-7 of Materials Testing Instruments and Laboratory Equipment

5.1.2. Parts Warranty. The Contractor shall guarantee all replacement parts against defects for a minimum of 90 calendar days (or the manufacturer’s standard warranty, whichever is greater) from the date of government acceptance.

6. WAGE RATE REQUIREMENTS

This purchase order involves the furnishing of services to the federal government of the United States using “service employees” and is subject to 41 USC Ch. 67, Service Contract Labor Standards. Refer to Attachment 0004 for the current Register of Wage Determinations Under the Service Contract Act.

7. REQUIREMENTS FOR IMPLEMENTING SECTION 508 STANDARDS

NOTE: The following applies to all FHWA contracts and assistance agreements containing Information and Communication Technology (ICT) as a deliverable.

In addition to the work requirements specified in this statement of work, the Contractor shall ensure that all ICT deliverables meet the requirements of Section 508 of the Rehabilitation Act and the ICT Final Standards and Guidelines (508 Refresh) at 36 CFR Part 1194.

As defined in the 508 Refresh, at 36 CFR Part 1194, Appendix A, E103.4, ICT is “Information technology and other equipment, systems, technologies, or processes, for which the principal function is the creation, manipulation, storage, display, receipt, or transmission of electronic data and information, as well as any associated content.

Examples of ICT include but are not limited to computers and peripheral equipment; information kiosks and transaction machines; telecommunications equipment; customer premises equipment;

multifunction office machines; software; applications; Web sites; videos; and, electronic documents.”

Section 508 requires that all electronic products prepared for the Federal Government be accessible to persons with disabilities, including those with vision, hearing, cognitive, and mobility impairments.

Applicable Standards:

• Appendix A to Part 1194 – Section 508 of the Rehabilitation Act: Application and Scoping Requirements

• Appendix B to Part 1194 – Section 255 of the Communications Act: Application and Scoping Requirements

• Appendix C to Part 1194 – Functional Performance Criteria and Technical Requirements

Section 508 Refresh standards are available at https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh.

The Contractor shall adhere to the terms and requirements in FHWA Form 4260 Section 508 Information and Communication Technology (ICT) Conformance Criteria for Section 508 conformance. The Conformance Criteria document does not need to be completed when submitting a deliverable.

8. RESPONSIBILITY FOR DAMAGE CLAIMS

https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines#appendix-a https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines#appendix-a https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines#appendix-a https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines#appendix-b https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines#appendix-b https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines#appendix-b https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines#appendix-c https://www.access-board.gov/guidelines-https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh https://www.fhwa.dot.gov/508/docs/form4260.pdf https://www.fhwa.dot.gov/508/docs/form4260.pdf https://www.fhwa.dot.gov/508/docs/form4260.pdf

D-8 of Materials Testing Instruments and Laboratory Equipment

8.1. Indemnification. The contractor shall indemnify and hold harmless the Government, its employees, and its consultants from suits, actions, or claims brought for injuries or damage received or sustained by any person or property resulting from the performance of the work under this purchase order.

Any indemnification language contained in standard form agreements executed between the Government and the Contractor shall be binding upon the Government only to the extent authorized by law, opinions of the Government Accountability Office and the Federal Tort Claims Act (28 U.S.C. §§ 2671-2680).

8.2. Insurance. In accordance with FAR clause 52.228-5, the contractor shall procure and maintain liability insurance of the types specified below until final acceptance of the purchase order. The contractor shall obtain insurance from companies authorized to do business in the appropriate state. The insurance shall cover all operations under the purchase order, whether performed by the contractor or by subcontractors.

Before work begins, furnish a "Certificate of Insurance" certifying that the policies will not be changed or canceled until 30 days of written notice has been given to the Government.

Insurance coverage in the minimum amounts set forth below shall not relieve the contractor of liability above the coverage.

The contractor shall carry insurance meeting the following minimums:

8.2.1. Worker's Compensation Insurance. Minimum required by law.

8.2.2. Comprehensive Or Commercial General Liability Insurance. Comprehensive or commercial general liability shall cover personal injury and property damage. It shall include coverage for contractual liability related to the indemnity provided under this purchase order and coverage for completed operations liability. Coverage limits shall not be less than $1,000,000 combined single limit for each occurrence. If the coverage has a general aggregate limit, it shall not be less than $2,000,000.

8.2.3. Automobile Liability Insurance. Automobile liability insurance may be written in combination with comprehensive or commercial general liability insurance. Coverage limits shall not be less than $1,000,000 combined single limit for each occurrence.

8.2.4. Any other insurance required by state law.

9. DELIVERABLES SCHEDULE

Ref. Deliverable Submittal Format Due Deliver to

3.1.7. Inspection and PM Deficiencies

Report Any written format Prior to departure TPOC

3.3. Equipment Service Labels Physical, tamper-

evident sticker

Completion of service

On equipment

3.4. Calibration Certificate Adobe .pdf 14 days after

completion TPOC

3.5. NIST Traceability

documentation Adobe .pdf 14 days after completion TPOC

D-9 of Materials Testing Instruments and Laboratory Equipment

3.6. Out-of-Tolerance (OOT)

Notification Any written format 4 hours after OOT determination TPOC

3.6.1. FFP Quote for OOT adjustment

and/or repair Any written format

As required, 3 days after OOT determination

CO and

TPOC

4.2 Diagnostic & Cost Estimate Adobe .PDF As required TPOC

4.4 Service Field Report Any written format

As required, 1 day after completion of work

TPOC

All deliverables shall be annotated to indicate authorship by contractor (non-Governmental) personnel provided that no deliverable shall contain any proprietary markings inconsistent with the Government’s data rights set forth in this purchase order. The Government reserves the right to treat non-conforming markings in accordance with FAR 52.227-14(e) and (f).

10. AVAILABILITY OF CONTRACTOR RECORDS

Upon request by the CO, the contractor records related to this purchase order shall be made available promptly to the CO:

• during purchase order performance,

• for three years after final payment, and

• for such a period, if any, as is required by applicable statute or any other contract clause.

All subcontracts at any tier shall include a provision giving the Government the same rights as provided above concerning the subcontractor's records.

11. SERVICE IMPROVEMENTS

Service improvements must receive the concurrence of the CO before execution.

After award, the Government may solicit, and the contractor is encouraged to independently propose improvements to the services, features, or other requirements of the order. These improvements may be suggested to save money, improve performance, or for any other purpose that presents a service advantage to the Government. As part of the proposed changes, the contractor shall submit a price proposal to the CO for evaluation. Those proposed service improvements acceptable to the Government will be processed as modifications to the order.

As a minimum, the following information shall be submitted by the contractor with each Service Improvement proposal:

● A description of the difference between the existing requirement and the proposed change, and the comparative advantages and disadvantages of each,

● Itemized requirements of the order which must be changed if the proposal is adopted, and the proposed revision of the order for each such change,

● An estimate of the changes in performance and cost, if any, that will result from the adoption of the proposal,

● An evaluation of the effects that the proposed changes would have on collateral costs to the Government, such as Government-furnished property costs, costs of related items, D-10 of Materials Testing Instruments and Laboratory Equipment and costs of maintenance, operation, and conversion (including Government-premise equipment),

● A statement of the time by which the order modification to adopt the proposal must be issued to obtain the maximum benefits of the changes during the remainder of this performance period, including supporting rationale; and

● Any effect on the order completion time or delivery schedule shall be identified.

The Government will not be liable for proposal preparation costs or any delay in acting upon any proposal submitted under this clause. The contractor has the right to withdraw, in whole or in part, any proposal not accepted by the Government within the period specified in the proposal.

The CO may accept any proposal submitted pursuant to this clause by giving the contractor written notice thereof. This written notice will be provided by the issuance of a modification to this order. Unless and until a modification is executed to incorporate a proposal under this order, the contractor shall remain obligated to perform in accordance with the requirements, terms, and conditions of the existing order.

If a proposal submitted under this section is accepted and applied to this order issued here under, an equitable adjustment to increase or decrease the price shall be in accordance with the procedures of the "Changes" clause. The resulting order modification will state that it is made according to this clause.

12. NON-PERSONAL SERVICES

This order is a non-personal service as defined in the FAR at subpart 37.101. It is understood and agreed that the Contractor and/or Contractor’s employees and subcontractors:

• Shall perform the services specified herein as independent contractors, not as employees of the government,

• Shall be responsible for their own management and administration of the work required and bear sole responsibility for complying with all technical, schedule, or financial requirements or constraints attendant to the performance of this order,

• Shall be free from supervision or control by any government employee with respect to the manner or method of performance of the services specified, but

• Shall, pursuant to the government’s right and obligation to inspect, accept or reject the work, comply with the general direction of the CO, or the duly authorized representative of the CO, as is necessary to ensure accomplishment of the order objectives.

13. IDENTIFICATION OF CONTRACTOR EMPLOYEES

All task order personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed. Contractors shall also wear badges identifying them as Contractor personnel when meeting with FHWA personnel during the performance of this Task Order.

14. PHYSICAL SECURITY

D-11 of Materials Testing Instruments and Laboratory Equipment

The Contractor shall be responsible for safeguarding all government equipment, information and property provided for Contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.

15. RESTRICTIONS AND STANDARDS OF CONDUCT

The Contractor and its employees shall conduct business covered only by this task order during periods paid for by the Government and shall not conduct any other business on Government premises. During all operations on Government premises, the Contractor shall comply with the rules, regulations, and procedures governing the conduct of personnel and the safe, secure, and effective operation of the facility, as expressed in written, oral, and logical procedures.

16. INSPECTION AND ACCEPTANCE

All supplies and/or work hereunder shall be subject to review by the Government. The TPOC is responsible for the inspection and acceptance of all incoming shipments, documents, and services. Acceptance of the final deliverables shall be made in writing by the TPOC.

17. GOVERNMENT FURNISHED INFORMATION

The FHWA will provide the Contractor with access to any information under its purview necessary to complete any requirements under this Order that is not publicly available.

18. AUTHORITY TO OBLIGATE THE GOVERNMENT

The CO is the only individual who can legally commit or obligate the Government to the expenditure of public funds. At no time shall cost(s) chargeable to the order be incurred before receipt of a fully executed order or specific authorization from the CO.

19. ANTI-DEFICIENCY

Unless otherwise authorized by Public Law or Federal Regulation, nothing contained herein shall be construed as binding the Government to expend, in any one fiscal year, any sum in excess of the appropriation made by Congress for that fiscal year in furtherance of the matter of the order or to involve the Government in an obligation for the future expenditure of monies before an appropriation Is made (Anti-Deficiency Act, 31 U.S.C. 1341.A.1).

20. PAYMENT FOR UNAUTHORIZED WORK

No payments will be made for any unauthorized supplies and/or services or for any unauthorized changes to the work specified herein. This includes any services performed by the Contractor of their own volition or at the request of an individual other than a duly appointed CO. Only a duly appointed CO is authorized to change the specifications, terms, and conditions under this effort.

21. CONTRACTOR’S FAILURE TO PERFORM REQUIRED SERVICES

The rights of the Government and remedies described in this section are in addition to all other rights and remedies set forth in the order. Specifically, the Government reserves its rights under the appropriate Inspection of Services and Termination Clauses. Any reductions in the Contractor’s invoice shall reflect the contract’s reduced value resulting from the Contractor’s failure to perform required services. The Contractor shall not be relieved of the full performance

D-12 of Materials Testing Instruments and Laboratory Equipment of the services hereunder and may be terminated for default based upon the inadequate performance of services, even if a reduction was previously taken for any inadequate performance.

22. CLOSEOUT OF CONTRACT FILES

The Government will initiate the administrative closeout of the Delivery Order after receiving evidence that all technical requirements have been completed. The Contractor shall furnish all required documents in support of the closeout of this order.

The Government anticipates the timeframe to complete the administrative close out of this order will not exceed 30 days. The costs incurred in the administrative closeout of task orders and contract files are unallowable direct costs under the order and, therefore, cannot be charged as direct costs to the Government. Contractors are to handle such costs in accordance with their disclosure statements/cost accounting systems.

Appendix 1

Inspection, Calibration, Standardization, and Certification Page 13 of 16

PERFORMANCE REQUIREMENTS SUMMARY (PRS)

1. PURPOSE. The PRS is designed to:

a. List the contract requirements considered most critical to acceptable contract performance,

b. List the contract paragraph number(s) which describe the requirements.

c. Define the standard of performance for each required service specified.

d. Show the maximum allowable degree of deviation or Acceptable Quality Level (AQL) from perfect performance for each required service that will be allowed by the Government before contract performance is considered unsatisfactory.

e. Explain the quality assurance methods the Government will use to evaluate the Contractor’s performance in meeting the contract requirements.

f. Show the percentage of the total contract work that each listed requirement represents.

2. QUALITY CONTROLS. The Contractor must develop and maintain a quality control program to ensure services are performed in accordance with commonly accepted commercial practices and standards.

The Contractor must develop and implement procedures to identify, prevent, and ensure non-performance and a continual repeat of defective service does not occur.

3. QUALITY ASSURANCE PROCEDURES. The Government’s primary quality assurance procedures are based on random sampling of the recurring services. Other procedures may be used as prescribed by the Government (i.e., 100% inspection, periodic inspection, customer complaint).

Inspection and evaluation of the Contractor’s performance of required services will be conducted by the TPOC or other authorized Government representative(s). The Government reserves the right to increase or decrease the number of inspections when deemed necessary or appropriate by the CO.

4. CRITERIA FOR ACCEPTABLE AND UNACCEPTABLE PERFORMANCE. Criteria for services are derived from estimates of the level of performance experienced when the service is done by Government personnel or are the levels of performance deemed acceptable to the Government. Failure to meet any standard as defined in the PWS shall be classified as a “defect”.

Inspection, Calibration, Standardization, and Certification Page 14 of 16

a. Performance is considered acceptable when the number of defects found by the TPOC during contract surveillance does not exceed the number of defects allowed by the AQL

b. Performance is considered unacceptable when the number of defects found by the TPOC during contract surveillance exceeds the AQL.

Task / PWS Ref.

SSN draft pws.docx

Service / Required Deliverable SSN draft pws.docx

Performance Standard SSN draft pws.docx

Acceptable Quality Level

(AQL) SSN

draft pws.docx

Surveillance Method SSN draft pws.docx

Incentive / Deduction (Remedy) SSN draft pws.docx

Qualifications & Compliance

(PWS § 2.1)

Maintain active ISO/IEC 17025:2017 accreditation and qualified technicians (≥3 yrs experience).

Accreditation remains active with an ILAC-MRA body; personnel meet qualification criteria throughout the POP.

100% Compliance (Zero non-conformances permitted).

100% Document Inspection / Audit

Rejection of non-conforming personnel/work; cure notice or default if uncorrected.

Scheduled PM, Calibration & Standardization

(PWS § 3.1, 3.2,

3.3)

Perform technical inspection, PM, calibration, and standardization per Attachment 0001 schedule.

All work completed by the last calendar day of the scheduled month in accordance with manufacturer/consensus standards.

98% On-time compliance per performance period.

Random Sampling of monthly schedule / Periodic Inspection

Invoice payment reduction for unperformed/untimely services until corrected.

Equipment Service Labels

(PWS § 3.3)

Affix physical, tamper-evident sticker to each component/asset serviced.

Labels contain complete Asset ID, service date, and technician initials/signature.

98% Error-free and on-time.

Random Sample of equipment labels

Contractor re-issues and affixes correct labeling at no additional cost.

Inspection, Calibration, Standardization, and Certification Page 15 of 16

Calibration & Traceability Documentation

(PWS § 3.4, 3.5)

Submittal of AASHTO R18 compliant Calibration Certificates and NIST Traceability Docs.

Certificates and traceability docs delivered via PDF within 14 calendar days post-completion; zero critical data errors.

99% Error-free and on-time.

100% Inspection of submittals

Rejection of deliverable; withholding payment until accurate documentation is supplied.

Out-of- Tolerance

(OOT)

Escalation

(PWS § 3.6)

Tag out OOT equipment

("OUT OF SERVICE")

and notify TPOC.

Physical tag applied immediately; written notification and OOT report delivered within 4 hours.

100% Compliance.

100% Inspection / Customer Incident Logging

Past Performance rating deduction; re-performance of affected test evaluations at contractor expense if unreported.

Out-of-Cycle Response Times

(PWS § 4.1.2)

On-site arrival for unscheduled/emergency repairs upon request.

Technician on-site within 1 day for Emergency calls and 2 days for Standard calls.

95% Compliance across all service calls per quarter.

Random Sampling / Review of time-stamped request emails & logs

Deduction of applicable labor fees and/or negative evaluation in

CPARS.

Diagnostic Assessments & Cost Estimates

(PWS § 4.2)

Written diagnostic summary and FFP cost estimate for repairs or OOT actions.

Itemized breakdown submitted prior to work execution; no unauthorized work performed.

100% Compliance (No work performed without

CO/TPOC

approval).

100% Review prior to Notice to Proceed

Non-payment for unauthorized work performed without written approval.

Inspection, Calibration, Standardization, and Certification Page 16 of 16

Service Field Reports

(PWS § 4.4)

Submittal of completed Service Field Report after out-of-cycle repair.

Detailed report covering work done, parts replaced, and operational status submitted within 1 business day.

96% On-time and accurate.

Periodic Monthly Sample

Deliverable rejected until compliant report is submitted.

First-Time Fix & Workmanship

(PWS § 5.1.1)

Repair services restore operational integrity without recurring defects.

Repairs resolve documented issues without requiring a callback for the same failure within 30 days.

Minimum 90% First- Time Resolution Rate.

Random Sample of maintenance logs / 100% Callback Tracking

Mandatory re-performance of repair labor at contractor expense under 30-day warranty.

5. Key Surveillance Methods Summary

a. 100% Inspection: Applied to critical compliance elements, including initial/annual accreditation proofs, formal calibration documentation submittals, OOT escalation safety protocol notifications, and cost estimation pre-approvals.

b. Random Sampling: Applied to recurring monthly scheduled calibrations, equipment physical labeling, service field report timeliness, and response time windows for service calls.

c. Periodic / Incident Inspections: Used to track callback rates under the 30-day workmanship warranty and post-repair operational readiness.

3. QUALITY ASSURANCE PROCEDURES. The Government’s primary quality assurance procedures are based on random sampling of the recurring services. Other procedures may be used as prescribed by the Government (i.e., 100% inspection, periodic inspection, ...
Inspection and evaluation of the Contractor’s performance of required services will be conducted by the TPOC or other authorized Government representative(s). The Government reserves the right to increase or decrease the number of inspections when de...
5. Key Surveillance Methods Summary

File details come from the government source that posted it. Updated .