RFP_693JJ919R000083_-_FMVSS_No._116_-_FINAL_(7.11.19).pdf

REQUEST FOR PROPOSALS (RFP)

For

“Compliance Testing of Motor Vehicle Brake Fluids to FMVSS No. 116”

PROPOSALS ARE DUE NO LATER THAN 11:00 AM EASTERN TIME

ON FRIDAY, AUGUST 23, 2019.

NOTE: Proposals must be delivered to the following address:

Dionne Yelder

Department of Transportation National Highway Traffic Safety Administration

Office of Acquisition Management, NFO-300 1200 New Jersey Avenue, SE W44-123

Washington, DC 20590

For electronic submission on this solicitation, please e-mail Dionne N. Yelder at Dionne.Yelder.ctr@dot.gov and nhtsaOAM@dot.gov mailto:Dionne.Yelder.ctr@dot.gov mailto:nhtsaOAM@dot.gov

Solicitation Number 693JJ919R000083 Title: Compliance Testing of Motor Vehicle Brake Fluids to FMVSS No. 116

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SUMMARY

B.1.1 Supplies/Services

The Contractor shall provide the necessary qualified personnel, facilities, materials, supplies, equipment, and services, except as identified in Section H.3, Government Furnished Property/Government Furnished Test Items, necessary to perform acquisition, test, inspection, and reporting services to determine conformance of motor vehicles to the requirements of the Federal Motor Vehicle Safety Standard (FMVSS) No. 116, Motor Vehicle Brake Fluids.

B.1.2 Contract Type

This is an Indefinite Delivery, Indefinite Quantity (IDIQ), Firm-Fixed-Price (FFP) Contract, with Cost Reimbursement elements for Contractor Purchased Test Items (CPTI). Under this Contract, the Government shall issue Delivery Orders in accordance with Federal Acquisition Regulation

(FAR) 16.5.

B.1.3 Scope of Testing Services

The testing required under this Contract will allow the Government to identify motor vehicle brake fluids designed for use in motor vehicles that comply or that may not comply with the requirements of FMVSS No. 116.

B.2 MINIMUM/MAXIMUM OBLIGATIONS

B.2.1 Minimum Obligation

Upon execution of the IDIQ Contract, the Government hereby orders the supplies and services of the Known Requirements shown in Price Schedule B.3.3 in the amount of $TBD at award.

This amount represents the “minimum obligation of the Government.”

NOTE: The number of tests identified in Section B.3.3 represents the estimated total number of known tests to be conducted during the Base Period and not the guaranteed minimum obligation of each contract awarded as a result of this RFP. The guaranteed minimum number of tests to be ordered for each awarded contract will depend upon the number of contracts awarded and the proposed lowest price for the known test by the offeror. Each awarded contract will include a guaranteed minimum obligation amount for the Kick-Off Meeting and at least one test.

B.2.2 Maximum Obligation

The Contractor shall be obligated to provide services and support up to the total not-to-exceed amounts specified in Price Schedules B.3.4 through B.3.9. The overall IDIQ contract ceiling amount is $TBD at award. The ceiling amount may be increased upon execution of a bilateral modification.

B.3 CONTRACT PRICES

This contract includes two “Periods” and one “Option to Extend Services Provision”: The “Base Period” is the first 24 months of the contract term (composed of Contract Year 1 and Contract Year 2). The “Option Period”, if exercised, begins at the end of the Base Period and continues for an additional 36 months (composed of Contract Years 3, 4, and 5). FAR 52.217-8, “Option to Extend Services”, if exercised, provides for the continued performance of any services within the limits and at the rates specified in the contract. FAR 52.217-8 may be exercised more than once, but the total extension of performance shall not exceed six (6) months from the conclusion of the Option Period (Contract Year 5).

Testing services are priced by Contract Year. The price in effect at the time a test is ordered shall apply to that test regardless of when the test is actually conducted and finished. Test prices shall apply for payment purposes and shall include all charges, including, if applicable, charges for storage of test items.

Upon delivery and acceptance of supplies and services described in Section C, Statement of Work (SOW) and each awarded Delivery Order, the Government will pay to the Contractor the fixed prices set forth in Sections B.3.3 through B.3.9 Price Schedules, and will reimburse the Contractor for actual costs incurred for the cost reimbursement Contract Line Item Numbers (CLINs) 00004, 10003, 20003, 30003 40003, 50003, and 60003 identified in Section B, in accordance with FAR Part 31.

Except for the known requirements identified in Sections B.3.3, the government is not under any obligation to order any additional services under this contract. The Government reserves the right, at its option, to increase the quantities of testing services provided under this contract up to the “Total Not-To- Exceed” amount specified for each contract period.

B.3.1 Known Requirements (Base Period)

Reference B.2.1 and B.3.3

B.3.2 Optional Requirements (Base Period, Option Period, and Option to Extend

Services)

Optional quantities, if required by the Government, will be exercised in the form of delivery orders.

B.3.3 Price Schedule – Base Period (Contract Year 1) Known Requirements + Reimbursement of CPTI

(Prices shall cover the Period of Performance from TBD through TBD)

Total Not-To-Exceed Amount: $TBD at award.

CLIN Description Quantity Fixed Unit Price

Extended Price

00001

Kick-Off Meeting as described in Section C.5 (conducted on-site at the Contractor’s test facility)

$TBD

00002

FMVSS No. 116 – Motor Vehicle Brake Fluid Test

00003 CPTI Service Charge 2 $TBD $TBD

TOTAL CONTRACT KNOWN REQUIREMENTS $TBD

00004 **Reimbursement for CPTI (TBD at award) $TBD at award

TOTAL CONTRACT KNOWN REQUIREMENTS +

CPTI

**Reimbursement for CPTI Contract Line Item Number (CLIN) (00004) is a cost reimbursement CLIN for this contract (Base Award). The cost of obtaining the CPTI will be the actual cost paid by the Contractor (CLIN 00004) to the vehicle brake fluid retailer/manufacturer for the test items (plus any associated tax (if not otherwise exempted), shipping and handling costs, as applicable) along with the firm fixed price service charge (CLIN 00003). The Contractor’s invoice for the cost reimbursement CLIN shall include copies of the actual vendor invoices.

This contract obligates funding in the amount of $TBD at award for CLIN 00004. For this test program, specific test items cannot be identified at the time of award. The total cost of all test items procured shall not exceed the available funds listed on CLIN 00004. If the costs are anticipated to exceed the not-to-exceed amount obligated for CLIN 00004, the Contractor shall notify the Contracting Officer and the COR prior to incurring said costs. The Contractor shall not proceed with the purchase until given approval by the Contracting Officer. Please note that the Government will reimburse the Contractor for actual costs incurred for the cost reimbursement CLIN in accordance with FAR Part 31.

The CPTI identified by the Contractor may be subject to change provided that (1) the cost for the test item does not exceed the funds available for procuring the CPTI, (2) the Contractor has not begun fulfilling the order, and (3) the Government identifies a specific alternative sample for testing. Under these circumstances, the Contracting Officer may direct the Contractor to stop any acquisition of CPTI until the changed specifications are provided.

B.3.4 Price Schedule – Base Period (Contract Year 1) – Optional Requirements

CLIN Description Fixed Unit Price

Order Qty.

1 - 40

10001 FMVSS No. 116 – Motor Vehicle Brake Fluid Test

$TBD

10002 CPTI Service Charge $TBD

10003 *Reimbursement for CPTI CPTI Estimated Costs

*Reimbursement for CPTI Contract Line Item Numbers (CLINs) (10003, 20003, 30003, 40003, 50003, and 60003) are cost reimbursement CLINs for Delivery Orders. Reimbursement for CPTI will be based on the actual cost paid by the Contractor (CLINs 10003, 20003, 30003, 40003, 50003, and 60003) to the vehicle brake fluid retailer/manufacturer for the test items (plus any associated tax (if not otherwise exempted), shipping and manufacturer’s handling costs, as applicable) along with the firm fixed price service charge (CLINs 10002, 20002, 30002, 40002, 50002, and 60002). The Contractor’s invoice for the cost reimbursement CLINs shall include copies of the actual vendor invoices.

For this test program, specific test items cannot be identified at the time of Delivery Order award.

The total cost of all test items procured shall not exceed the available funds listed on CLINs 10003, 20003, 30003, 40003, 50003, and 60003. If the estimated costs for CPTI will exceed the not-to-exceed amount identified in the Delivery Order, the Contractor shall notify the Contracting Officer and the COR prior to incurring said costs. The Contractor shall not proceed with the purchase until given approval by the Contracting Officer. Please note that the Government will reimburse the Contractor for actual costs incurred for the cost reimbursement CLIN in accordance with FAR Part 31.

The CPTI identified by the Contractor may be subject to change provided that (1) the cost for the test item does not exceed the funds available for procuring the CPTI, (2) the Contractor has not begun fulfilling the order, and (3) the Government identifies a specific alternative sample for testing. Under these circumstances, the Contracting Officer may direct the Contractor to stop any acquisition of CPTI until the changed specifications are provided.

B.3.5 Price Schedule – Base Period (Contract Year 2)

Fixed Unit Price

Order Qty.

1 - 40

20001 FMVSS No. 116 – Motor Vehicle Brake Fluid Test

$TBD

20002 CPTI Service Charge $TBD

20003 *Reimbursement for CPTI CPTI Estimated Costs

B.3.6 Price Schedule – Option Period (Contract Year 3)

Fixed Unit Price

Order Qty.

1 - 40

30001 FMVSS No. 116 – Motor Vehicle Brake Fluid Test

$TBD

30002 CPTI Service Charge $TBD

30003 *Reimbursement for CPTI CPTI Estimated Costs

B.3.7 Price Schedule – Option Period (Contract Year 4)

Fixed Unit Price

Order Qty.

1 - 40

40001 FMVSS No. 116 – Motor Vehicle Brake Fluid Test

$TBD

40002 CPTI Service Charge $TBD

40003 *Reimbursement for CPTI CPTI Estimated Costs

B.3.8 Price Schedule – Option Period (Contract Year 5)

Fixed Unit Price

Order Qty.

1 - 40

50001 FMVSS No. 116 – Motor Vehicle Brake Fluid Test

$TBD

50002 CPTI Service Charge $TBD

50003 *Reimbursement for CPTI CPTI Estimated Costs

B.3.9 Price Schedule – FAR 52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract under B.3.8, Price Schedule – Option Period (Contract Year 5).

These rates may be adjusted from the rates under B.3.8, Price Schedule – Option Period (Contract Year 5) only as a result of revisions to prevailing labor rates provided by the Secretary of Labor.

Fixed Unit Price

Order Qty.

1 - 40

60001 FMVSS No. 116 – Motor Vehicle Brake Fluid Test

$TBD

60002 CPTI Service Charge $TBD

60003 *Reimbursement for CPTI CPTI Estimated Costs

(End of Section B)

SECTION C - DESCRIPTION / SPECIFICATIONS / STATEMENT OF WORK

C.1 ACRONYMS

ACOR Alternate Contracting Officer’s Representative ACOR (TO) Alternate Contracting Officer’s Representative (Task/Delivery Order) CAP Contractor Acquired Property COR Contracting Officer’s Representative COR (TO) Contracting Officer’s Representative (Task/Delivery Order) CPTI Contractor Purchased Test Items DOT Department of Transportation FAR Federal Acquisition Regulation FMVSS Federal Motor Vehicle Safety Standards GFP Government Furnished Property GFTI Government Furnished Test Items NHTSA National Highway Traffic Safety Administration NIST National Institute of Standards and Technology OVSC Office of Vehicle Safety Compliance QA/QC Quality Assurance/Quality Control TP Test Procedure

C.2 INTRODUCTION

The National Highway Traffic Safety Administration (NHTSA) is an operating administration of the United States Department of Transportation (DOT) and its mission is to save lives, prevent injuries, and reduce economic costs associated with motor vehicle crashes. As part of its mission to reduce fatalities and injuries caused by motor vehicle crashes, NHTSA promulgates Federal Motor Vehicle Safety Standards (FMVSS). Manufacturers of motor vehicles and items of motor vehicle equipment are required to certify that each product they sell in the United States meets the requirements of all applicable safety standards. NHTSA’s Office of Vehicle Safety Compliance (OVSC) is charged with determining whether manufacturers meet the applicable safety standards. This contract effort will enable the agency to meet its mission by assuring that motor vehicles meet the requirements of FMVSS No. 116, Motor Vehicle Brake Fluids.

FMVSS No. 116 was established to reduce the number of deaths and serious injuries occurring from brake system failures due to improper or contaminated fluid. The requirements for compliance testing of motor vehicle brake fluids include testing such fluids to the test requirements of FMVSS No. 116 as specified in TP-116-04.

The purpose of this contract is to acquire services associated with the acquisition, inspection, compliance testing, and compliance test reporting of motor vehicle brake fluids to assist the Government in its enforcement efforts for FMVSS No. 116.

C.3 DEFINITIONS

Government Furnished Test Items (GFTI) – Refers to test items (motor vehicle brake fluids) owned or acquired by the Government and subsequently provided to the Contractor for use in the performance of the contract. For the purpose of this contract, GFTI and Government Furnished Property (or “GFP”) mean the same thing. The government is the owner of all GFTI.

Contractor Purchased Test items (CPTI) – Refers to test items (motor vehicle brake fluids) purchased by the Contractor for use in the performance of the contract. Title to CPTI vests with the government.

Non-Conforming Test – Refers to a Contractor-performed test that does not comply with the applicable Office of Vehicle Safety Compliance (OSVC) test procedure (TP) and/or contract requirements. Refer to Section H.2 for instructions on how non-conforming tests are to be handled.

Test Passed – Refers to testing that the Contractor conducted correctly and the item (motor vehicle brake fluids) being tested met the FMVSS standards.

Test Failure – Refers to testing that the Contractor conducted correctly, but the item (motor vehicle brake fluids) being tested failed to meet the FMVSS standards. Refer to Section F.7 for instructions on how test failures are handled.

C.4 GENERAL REQUIREMENTS

The Contractor shall furnish the necessary qualified personnel, facilities, materials, supplies, equipment, and services to perform work associated with the acquisition, inspection, compliance testing, and test reporting of brake fluids in accordance with the applicable requirements of FMVSS No. 116, Motor Vehicle Brake Fluids.

The Contractor shall provide additional information specific to the tests conducted for NHTSA, including, but not limited to: test data, photos, video, details about the test set up, test observations, details about the test item configuration, etc.

The Contractor shall conduct the tests in accordance with the procedures specified in Section C.6.5 and the test schedule in Section C.6.4. The Contractor shall prepare and submit Preliminary Documents as specified in Section C.6, Specific Requirements, and Monthly Status Reports, Notification of Test Failure and Interim Failure Reports, and Final Test Reports as specified in Section F, Deliveries or Performance.

When test failures are identified, the NHTSA Contracting Officer’s Representative (COR) will contact the Contractor and request information to support its investigation of the test results.

Subcontracting is not permitted under this contract with the exception of calibration services as required under this contract. Subcontracting of tests or any portion of a test is NOT permitted (Section H.9).

C.5 KICK OFF MEETING

Immediately upon receiving award, the Contractor shall contact the NHTSA Contracting Officer’s Representative (COR) to plan for the kickoff meeting.

Within four (4) weeks of the effective date of the contract, the Contractor shall participate in a Kickoff meeting with the COR, Contracting Officer (CO), and other NHTSA staff. The Kickoff meeting will be held at the Contractor’s testing facility. The Contracting Officer will participate in the meeting via teleconference. The meeting will be approximately one business day and will include demonstration testing. The Contractor shall make a brief presentation of their understanding of the contract requirements. After the presentation, the parties shall discuss basic contract requirements, including the schedule for testing and test procedures.

C.6 SPECIFIC REQUIREMENTS

C.6.1 Fully Operational Test Site

The Contractor shall possess and maintain a fully operational test site furnished with qualified technical personnel, facilities, and equipment necessary to perform the acquisition, inspection, compliance testing and reporting services in accordance with FMVSS No. 116, Motor Vehicle Brake Fluids, and the terms and conditions of this contract for the full performance period outlined in Section F.2, Period of Performance. The Contractor’s fully operational test site shall be sufficiently staffed to perform and complete testing and associated inspections, and to generate and submit deliverables within the timeframe specified in Section F.4, Deliverables/Milestones.

C.6.2 Preliminary Documents

Within four (4) weeks of the effective date of the contract, the Contractor shall provide one copy of the following documents to the COR:

• Contractor Test Procedure;

• Checklist for conducting compliance tests;

• Calibration procedure for instrumentation per the requirements stated in the OVSC Test Procedure (TP-116-04). The procedures shall explain how the Contractor implements and maintains its instrumentation calibration system in accordance with established calibration practices. The procedures shall comply with ISO 10012-1, Quality Assurance Requirements for Measuring Equipment, and American National Standard ANSI/NCSL Z540-1-199, Calibration Systems Requirements, and provide a written indication of compliance. All measuring and recording instruments and standards shall be calibrated by the Contractor, or by a commercial facility at the Contractor’s expense, against a higher order standard at periodic intervals as specified in TP-116-04;

• A list of measurement and test equipment used for inspection and testing; the list shall provide the following information for each item of measurement and test equipment:

1. Manufacturer name;

2. Model number;

3. Function of the item;

4. Calibration interval.

Copies of the above documents shall be submitted electronically via email, unless otherwise specified by the COR. Preliminary documents will be reviewed and either approval or questions will be provided within two (2) weeks of submission.

The Contractor shall not begin testing until all preliminary documents have been reviewed and approved by the COR.

Any issues associated with the above documents must be resolved with the COR prior to the start of testing.

C.6.3 Compliance Testing

The Contractor shall conduct testing on GFTI and CPTI in accordance with the applicable parts of the OVSC Test Procedure TP-116-04 as specified.

C.6.4 Testing Schedule

For the Known Requirements under Section B.3.3 and for each subsequent delivery order issued under the contract, the Contractor shall commence compliance testing within three (3) weeks after receipt of the test items (motor vehicle brake fluids (CPTI and/or GFTI)) and shall complete testing of each model within one (1) month after start of testing. The Contractor shall not deviate from the testing schedule unless approved by the COR.

C.6.5 Test Procedures

• The Contractor shall perform all work in accordance with the testing requirements of FMVSS No. 116, Motor Vehicle Brake Fluids, and the Office of Vehicle Safety Compliance document TP-116-04, Laboratory Test Procedure for FMVSS 116, Motor Vehicle Brake Fluids, dated April 22, 2005.

• TP-116-04 is attached (see Section J) and is made part of this contract. In the event the test procedure (TP) is revised, the Government will issue a modification to the contract for the Contractor to follow the revised TP for testing.

• The testing procedures specified in FMVSS No. 116 and TP-116-04, which are made part of this contract, are referred to herein as the “OVSC Test Procedure”.

• Any test procedures used by the Contractor which are “in-house” procedures or which are different from the OVSC Test Procedure will be referred to hereinafter as “Contractor Test Procedure.”

• In addition to meeting the requirements of the test procedures, the Contractor shall follow its internal QA/QC management plan developed specifically for this compliance program. Within four (4) weeks of the effective date of the contract, the Contractor shall provide the COR with an update to its QA/QC management plan that was originally submitted as part of its technical proposal. The updated plan shall reflect any changes made since submission of the original submitted plan. The Contractor shall submit proposed revisions to its QA/QC management plan to the COR in advance for review and approval before implementing any such revisions.

C.6.6 Test Items/Models

• The Contractor shall, in accordance with the OVSC Test Procedure, test the quantity of motor vehicle brake fluids provided as GFTI or acquired by the Contractor as CPTI. The Contractor shall notify the COR within five (5) business days of receiving the GFTI or CPTI.

• For CPTI, the Contractor shall, in accordance with the OVSC Test Procedure, test the quantity of motor vehicle brake fluids. The Contractor shall purchase the required test items as follows:

1. For this test program, specific test items cannot be identified at the time of

Delivery Order award. The Government will provide the Contractor with a funding estimate to procure CPTI. The total cost of all test items procured shall not exceed the available funds provided for CPTI. If the costs are anticipated to exceed the not-to-exceed amount obligated for CPTI, the Contractor shall notify the Contracting Officer and the COR prior to incurring said costs. The Contractor shall not proceed with the purchase until given approval by the Contracting Officer. Please note that the Government will reimburse the Contractor for actual costs incurred for CPTI in accordance with FAR Part 31.

2. The Contractor shall purchase the required test items per the test item purchase information provided with the delivery order (per section C.6.6 Bullet 2, Item 1) or based on updates provided by the COR (per C.6.6, Bullet 3). The Contractor shall place the order for each specific test item within 15 days after receipt of the test item purchase information. Prior to finalizing the purchase of each required test item, the Contractor shall verify that the actual cost of the required test item is reasonably consistent with the cost estimate contained in delivery order. If the actual cost for a particular test item is found to be significantly different from the cost estimate, or when the cumulative cost of items purchased to date would result in exceeding allocated funds under the contract, the Contractor shall notify the COR and cease making purchases until further guidance is received from the Contracting Officer (per section C.6.6 Bullet 2, Item 1).

3. The Contractor shall complete all transactions required in purchasing the required test items. This includes, but is not limited to, directly purchasing the required test items, verifying that the purchase is correct, verifying that the brake fluid containers is new and undamaged, taking all actions necessary to correct any errors and ensuring that the correct test items are received, and providing payment for the test items purchased.

4. The Contractor shall notify the COR of all purchases placed within one (1) business day of placing the order. The Contractor shall notify the COR within five (5) business days of receipt of the purchased test items (CPTI).

5. The Contractor’s invoice for the cost reimbursement of test items purchased shall reflect the actual cost of the test items and shall include copies of the actual supplier invoices.

6. The Contractor shall retain all documents for each purchase until disposition instructions are provided by the COR.

• The Contractor will determine which motor vehicle brake fluids are to be tested. The

Government shall reserve the right to choose alternate brake fluids for testing. The COR may choose to substitute test items prior to testing.

C.6.7 Measurement and Test Equipment

• All measurement and test equipment and standards used in the performance of services under this contract shall be labeled with the following information:

o date and place of last calibration;

o date of next scheduled calibration;

o name of technician or commercial business performing the calibration;

o full scale measurement range;

o accuracy and tolerance over the entire measurement range or within range used for testing.

• Accuracy and tolerance of measured values shall be indicated on all charts, graphs, tracings, data printouts, and other hard copy output of test measurements and results.

• The Contractor shall maintain records which show the traceability of calibrated measurement and test equipment to standards maintained by the National Institute of Standards and Technology (NIST).

C.6.8 Deviations from Test Procedures

• The Contractor shall conduct testing only in accordance with the OVSC Test Procedure and shall notify the COR if any deviations from the OVSC Test Procedure are anticipated. No testing shall be conducted until any requested deviations are approved by the COR. Any problems or questions regarding the technical portion of this contact should be referred to the COR.

• The COR may require that minor deviations from the OVSC Test Procedure be made as deemed necessary.

C.6.9 Storage/Disposition of Government Furnished Test Items (GFTI) and Contractor

Purchased Test Items (CPTI)

The Contractor shall store all CPTI and GFTI until receipt of disposition instructions from the Government. Storage and disposal costs must be included in the test prices set forth in Sections B.3.3 through B.3.9.

Any GFTI or CPTI involved in a compliance test failure shall be tagged and identified by each test item’s test phase, test date, detailed reason for the failure, etc., and retained by the Contractor pending the receipt of disposition instructions. Typically, disposition instructions will be provided by the COR via e-mail after all testing, inspection and acceptance of the final test report has been completed for passed items, and after a period of two years for failed items. If the two-year period runs past the expiration date of the contract, the Contractor shall ship the failed items to a location as instructed by the COR.

Upon guidance from the COR, unused test items shall be returned by the Contractor to the Government or properly disposed of at no additional cost to the Government.

The final determination of “passed” or “failed” shall be made by the NHTSA’s Contracting Officer’s Representative (COR) upon approval of the Final Test Report. Therefore, no test items shall be destroyed or disposed of until authorized by the COR.

(End of Section C)

SECTION D - PACKAGING AND MARKING

D.1 GENERAL INSTRUCTIONS

Preservation, and packing of all shipments or mailing of all work delivered under this contract shall be done in accordance with good commercial practices and to ensure acceptance by common carrier (if applicable) and safe transportation at the most economical rate(s).

Any deliverables required by this contract shall be submitted to the applicable personnel identified in Section F of this contract. Due to security concerns, deliverables transmitted via regular U.S. Mail experience significant delay in reaching an intended destination and, as part of the screening process, may be damaged. For these reasons, the U.S. Mail should not be used to transmit deliverables. Rather, the Contractor is encouraged to use electronic mail to the maximum extent possible.

D.2 FORMATTING TEXT AND IMAGE DELIVERABLES (JUN 2009)

For those deliverables submitted electronically as text or image files, the following specifications apply.

D.2.1 Text

Text files shall be delivered in a format compatible with Microsoft WORD 2016. Font type of Times New Roman with a font size of 12 shall be used throughout the document. The Contractor shall minimize additional formatting as much as possible, for example, avoid use of columns. Avoid using any design/layout elements (however, see D.2.2, D.2.3, and D.2.4 below).

D.2.2 Charts and Graphs

The Contractor shall develop charts or graphs using a format compatible with Microsoft EXCEL 2016 and shall insert these in the appropriate places within the text document. The Contractor shall also provide the Microsoft EXCEL source file from which charts or graphs were developed.

D.2.3 Illustrations

NHTSA’s Office of Communication Services is responsible for developing or acquiring most illustrations found in NHTSA publications. These illustrations can take two forms:

• Graphics – In the majority of cases, the Office of Communication Services will develop any needed graphics in collaboration with the COR and/or COR (TO). The Contractor shall provide text, graphs, and charts following the guidelines stipulated in D.2.1 and D.2.2 above. In some cases, the Contractor may be required to develop graphics. In these cases, the Contractor shall use only software approved by the U.S. Government Publishing Office (e.g., Adobe Illustrator.)

• Photographs – When photos are used in Agency publications, the Office of Communication Services typically uses existing photos or photos purchased through royalty-free sources. In the event the Contractor must supply photos for use in a publication, the photos must be high resolution images at least 300 dpi at the size used in the publication. Photos shall be supplied on a disc or flash drive in either .tif or .jpg format, unless otherwise authorized by the COR.

NOTE: If a photograph is supplied by an outside source (Contractor, grantee, national organization, etc.), a release form must accompany the photo indicating that the human subjects in the photo authorize NHTSA to use the photo in its publications and on its Internet site. The Contractor shall not use a release form under this contract that has not been first reviewed and approved for use by the Agency. The Contractor also is responsible for ensuring that the necessary arrangements have been made with the photographer and the subjects in the photo to ensure that NHTSA has unlimited rights to use the images in print and on the web. The Contractor shall obtain, and provide to NHTSA, a written statement indicating that NHTSA has unlimited, unrestricted rights to the use of such photos.

D.2.4 Web-based Images

The Contractor is cautioned that copyrights may restrict use of web-based images even if it is not expressly indicated at the website. Additionally, the resolution of most web-based images is not high enough to provide a clear image when published. For these reasons, web-based images typically should not be used under this contract, and need to first be approved by the COR.

(End of Section D)

SECTION E - INSPECTION AND ACCEPTANCE

E.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/?q=/browse/far/52

Federal Acquisition Regulation (FAR) Clauses:

52.246-3 Inspection of Supplies – Cost-Reimbursement (MAY 2001) 52.246-4 Inspection of Services – Fixed Price (AUG 1996) 52.246-16 Responsibility for Supplies (APR 1984)

E.2 INSPECTION AND/OR ACCEPTANCE

The Contracting Officer’s Representative (COR), as designated in this contract, shall be responsible for performing the inspection of all supplies or services rendered under this contract and for recommending acceptance or replacement/correction of services or materials that fail to meet the contract requirements to the Contracting Officer.

(End of Section E) https://www.acquisition.gov/?q=/browse/far/52

SECTION F - DELIVERIES OR PERFORMANCE

F.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR) Clauses:

52.242-15 Stop Work Order (AUG 1989) 52.247-35 F.o.b. Destination, Within Consignees Premises (APR 1984)

F.2 PERIOD OF PERFORMANCE

All work and services required hereunder shall not exceed sixty (60) months from the effective date of the contract inclusive of one (1) two-year Base Period and one (1) three-year Option Period. This contract also includes a six (6)-month Option to Extend Services provision that may be exercised at the Government’s discretion.

Base Period (Contract Year 1): TBD, 2019 – TBD, 2020 Base Period (Contract Year 2): TBD, 2020 – TBD, 2021 Option Period (Contract Year 3): TBD, 2021 – TBD, 2022 Option Period (Contract Year 4): TBD, 2022 – TBD, 2023 Option Period (Contract Year 5): TBD, 2023 – TBD, 2024 FAR 52.217-8 Option to Extend Services (Nov 1999): TBD, 2024 – TBD, 2025

Any Delivery Order issued prior to the expiration date of the contract shall be completed by the Contractor within the period of performance specified in the Delivery Order in accordance with Section I.3.3, FAR 52.216-22, Indefinite Quantity (OCT 1995).

F.3 PLACE OF PERFORMANCE/ PHYSICAL LOCATION

The work performed under this Contract and any Delivery Orders issued under this Contract shall be accomplished at the Contractor’s facilities and those facilities shall be located within the continental United States. There shall be no deviation from or waiver of this requirement.

F.4 DELIVERABLES / MILESTONES

F.4.1 Deliverables

All deliverables are to be submitted electronically (PDF, Word, Excel, as appropriate) to the COR in accordance with the schedule below. File formats shall meet the compatibility requirements of Section F.9, Specifications for Electronic Files. The following is a list of all deliverables which are considered to be significant in the performance of this contract (Note:

days are defined to mean business days).

F.4.2 Milestones

The following is a list of all milestones which are considered to be significant in the performance of this contract, and their due dates (Note: days are defined to mean business days).

DELIVERABLES

Item Deliverable Located in

SOW/Section

Due Date

1 Contractor Submission of Preliminary Documents

C.6.2 Within 4 weeks of contract award

2 Updated QA/QC management plan C.6.5 Within 4 weeks of contract award

3 Monthly Status Reports

F.6 No later than the 15th day of the month following the month being reported

4 Contractor notifies COR of all purchases placed

C.6.6 Within 1 day of placing the order

5 Contractor notifies COR of receipt of test items (CPTI and GFTI)

C.6.6 Within 5 days of receipt of test items

6 Contractor provides initial notification of test failure to COR

F.7 Within 1 day after test failure

7 Contractor provides Interim Failure Report

F.7 Within 2 days after test failure

Contractor submits Final Test Reports

Draft Test Report for review/approval

F.8

Within 2 weeks after completion of each model test.

Final Test Report for review/approval

Within 2 weeks after COR reviews/approves draft report.

MILESTONES

Item

Milestone Located in

SOW/Section

Due Date

1 Begin preparatory activities for the kick-off meeting

C.5 Immediately upon award

2 Kick Off Meeting C.5 Within 4 weeks of the contract award

COR review and either approval or questions of Preliminary Documents

C.6.2 Within 2 weeks of submission of Preliminary Documents

COR provides Contractor with Test Item Purchase Information and other technical information in response to questions

C.6.6 As needed throughout the contract

5 Contractor purchases test items

C.6.6 Within 15 days after receiving test item information

6 Contractor begins testing C.6.4 Within 3 weeks after receipt of test item model.

7 Contractor completes testing

C.6.4 Within 1 month after start of testing for each model.

Note: The Government may make changes to the above milestone and deliverable schedule in a Delivery Order.

F.5 PLACE OF DELIVERY

All deliverables shall be delivered electronically to the assigned COR. The method of electronic delivery (e.g. via email or via OVCS’ record keeping system) will be determined by the COR and may be subject to change throughout the period of performance.

Name: TBD DOT/National Highway Traffic Safety Administration (NHTSA) Equipment Division (NEF-220) 1200 New Jersey Avenue, WXX-XXX Washington DC 20590 Telephone: (202) 366-XXXX Email: TBD@dot.gov

A copy of the transmittal letters for all deliverables and the monthly progress report shall be mailto:TBD@dot.gov delivered to the Contracting Officer at the following address:

Name: TBD DOT/National Highway Traffic Safety Administration (NHTSA) Office of Acquisition Management (NFO-300) 1200 New Jersey Avenue, SE Washington, DC 0590

The Contractor shall submit up to three (3) flash drives, CD-ROM or DVD discs of the final report, three (3) copies of all photographs and video, and two (2) copies of the electronic data for each test performed under this contract.

If the test procedure does not specify video coverage, then video is not a required deliverable.

When Data Tapes are requested, two (2) copies of the data tape, CD-ROM or DVD disc or other media shall be submitted at the same time the final report is delivered.

F.6 MONTHLY STATUS REPORTS

Monthly Status Reports shall be submitted to the COR and Contracting Officer indicating the status of all testing ordered, test reports, and test item inventory status (GFTI and CPTI), and shall be submitted no later than the 15th day of the month following the month being reported. If applicable, the report shall also include any problems or delays the Contractor experienced during the reporting period that are related to the supplies and services under this contract, and the specific action which the Contractor proposes to correct problems or delays identified. The Contractor shall continue to submit Monthly Status Reports until all of the Final Test Reports are accepted by the Government. The reports shall be prepared in accordance with the OVSC Laboratory Test Procedure (TP-116-04). The monthly report shall be in MS Excel format and submitted as specified in F.4.

F.7 TEST FAILURE REPORTS

The Contractor shall notify the COR by telephone or e-mail no later than the following business day of a test failure. The Contractor shall submit a written interim test failure report by e-mail no later than two (2) business days after test failure. The failure reports shall be prepared in accordance with the OVSC Test Procedure (TP-116-04). The Contractor shall submit the failure report as specified in F.4. The failure report shall be in MS Word format.

In the event of a test failure, the Contractor shall respond to follow up requests within five (5) days of the original request. The Contractor may be requested to:

• provide test data, pictures, videos and any information as requested by the COR;

• answer questions to fully assist OVSC in conducting failure investigation;

• answer manufacturer’s questions and requests relating to the failed test; and

• permit meetings in support of inspection of test samples and equipment at no additional cost to the Government.

F.8 DRAFT AND FINAL TEST REPORTS

The draft final test report shall be submitted to the COR for review within two (2) weeks of completion of all phases of compliance testing and inspection of each model of motor vehicle brake fluid. Final reports shall be prepared in accordance with instructions contained in the OVSC Test Procedure (TP-116-04). In the event a report is returned to the Contractor for correction/modification, the COR will not certify payment of a Contractor’s invoice until the final test report has been resubmitted and determined to meet contract requirements. In no event shall the return of a report for corrections be deemed to waive the Government’s right to specific performance under the contract. Final test reports shall be submitted to the COR within two (2) weeks after the COR provides a response to a draft report.

The Contractor shall submit each Final Report in Adobe Acrobat format (PDF) as specified in F.4. The Contractor shall coordinate with the COR for incorporating approval signatures into the Final Reports.

F.9 SPECIFICATIONS FOR ELECTRONIC FILES

Electronic file copies of the Final Test Report shall be provided in accordance with the following:

• Electronic Master File:

1. An electronic version of the final report shall be used as the “Master” report copy. A copy of the electronic master file shall be provided to the NHTSA COR.

2. Electronic copies of reports can usually be provided by e-mail. However, if the submission of the report and accompanying data files is too large to be e-mailed, it shall be provided to NHTSA on a transmittable media such as a flash drive, a CD- ROM or DVD.

• System Compatibility

1. The master report copy shall be securely stored by the Contractor for at least two (2) years after the government has accepted the final version of the report and until the invoice for that deliverable has been paid, whichever is longer.

2. The software application used to store the electronic file version (Master copy) of the final report shall be compatible with Microsoft Word, i.e., the file must be able to be opened, viewed and edited using Microsoft Word.

3. All test report images (photographs, charts, graphs, etc.) shall be imbedded as part of a Microsoft Word file and shall be JPEG or TIFF file format.

4. The files should be formatted for e-mail transmission when requested.

5. The electronic copy of the report provided to NHTSA shall be formatted in a manner that permits NHTSA to combine the .pdf version of the document with other .pdf files for long-term storage.

• For the duration of the contract, NHTSA reserves the right to change the media and software requirements stated above, such that submitted electronic files continue to be compatible with computer systems utilized by the Office of Vehicle Safety Compliance.

• If a Final Test Report is returned to the laboratory for correction, the report date shall be changed to the date of re-submission. Delivery of an unacceptable Final Test Report will not be construed as meeting the due date specified in Sections F.4 and F.9. In no event shall the return of a report for correction be deemed to waive the Government’s right to specific performance of the contract, with respect to any other deliverables required under this contract. NHTSA will withhold payment of a Contractor’s invoice until the Final Test Report is approved by the COR.

F.10 COMPLIANCE WITH REHABILITATION ACT

The Contractor may be required to ensure that electronic documents it prepares will meet the requirements of Section 508 of the Rehabilitation Act. The Rehabilitation Act 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. When an electronic document developed under this effort has been identified by NHTSA as necessary and required to meet the requirements of Section 508, it is understood that all reasonable costs incurred by the Contractor that are associated with meeting the requirements for Section 508 compliance will be fully reimbursed by the Government.

The Contractor should review Section 508 of the Rehabilitation Act and Federal IT Accessibility Initiative (Home Page) website at http://www.section508.gov for further information on these requirements.

(End of Section F) http://www.section508.gov/

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 SUBMISSION OF INVOICES

G.1.1 Designated Billing Office

The Contractor may transmit one (1) PDF legible invoice, electronically via e-mail, to the following address:

9-AMC-AMZ-NHTSA-Invoices@faa.gov

Alternatively, the Contractor may submit one (1) invoice to the following address:

DOT/National Highway Traffic Safety Administration Mike Monroney Aero Center Accounts Payable Branch, AMZ-150 P.O. Box 268911 Oklahoma City, OK 73126

The Contractor is responsible for ensuring the legibility of the PDF images that are e-mailed.

Illegible copies may be returned to the contractor for re-scanning and may result in payment delays.

G.1.2 Required Invoice Information

The following data shall be included in invoices to be considered proper for payment:

1. Name and address of the Contractor.

2. Contract Number: TBD

3. Delivery Order Number.

4. Contract Line Item Number and Unit Price.

5. Quantity Ordered.

6. Extended Price.

7. Total Amount claimed on the invoice.

8. Invoice Date.

9. NHTSA Contracting Officer’s Name. TBD

10. NHTSA Contracting Officer’s Representative’s Name. TBD

11. Name and address of Contractor official to whom questions regarding payment should be referred.

12. For reimbursement of CPTI, the Contractor’s invoice shall include copies of the motor vehicle brake fluid’s manufacturer/vendor’s invoice(s). For other charges, the invoice must list the motor vehicle brake fluids for which the invoice applies.

To be acceptable for payment, each invoice must contain the following certifications:

mailto:9-AMC-AMZ-NHTSA-Invoices@faa.gov

“I hereby certify that the information submitted in this invoice, and accompanying documentation, is accurate and conforms to the billing requirements set forth in this Contract.”

G.1.3 Invoice Submission

At the Contractor’s option, invoices may be submitted (1) for each test item and test after the COR has accepted the test report for that item, or (2) a single invoice may be submitted for all test items and tests on a single delivery order, after the final test report has been accepted by the COR. Invoices for CPTI must be submitted with receipts for the purchase of CPTI.

NOTE: The final invoice is not subject to interest payment under the Prompt Payment Act. The Contracting Officer will process the final invoice as a routine part of the closeout process. When directed by the CO, the Contractor shall submit the final invoice to the designated billing office with a copy to the CO along with the final closeout documents.

G.2 GOVERNMENT PERSONNEL

G.2.1 Contracting Officer’s Representative (COR)

The performance of the work required under this contract shall be subject to the technical review of the NHTSA COR.

The Contracting Officer will designate a technical representative to assist in monitoring the work under the contract. The Contracting Officer’s Representative (COR) serves as the technical liaison between the Government and the Contractor. The COR is not authorized to change the scope of work or specifications as stated in the contract, to make any commitments or otherwise obligate the Government, or to authorize any changes which affect the contract price, delivery schedule, period of performance or other terms or conditions.

In the event any technical direction offered by the COR is interpreted by the Contractor to be outside the scope of this contract, or if the direction may result in a change to the cost or price of this contract, the Contractor shall not implement such direction, but shall notify the Contracting Officer in writing of such interpretation within five (5) calendar days after the Contractor’s receipt of such direction. Such notice shall include (1) the reasons upon which the Contractor bases its belief that the technical direction falls within the purview of the “Changes” clause, and

(2) the Contractor’s draft revisions to the terms of the contract that it thinks are necessary to implement the technical direction.

The Contracting Officer is the only individual who can legally commit or obligate the Government for the expenditure of public funds. The technical administration of the contract shall not be construed to authorize the revision of the terms and conditions of this contract. Any such revision shall be authorized only in writing by the Contracting Officer.

The following individual has been designated as the NHTSA COR:

Name: TBD (NEF-220)

1200 New Jersey Avenue, WXX-XXX Washington DC 20590

G.2.2 Alternate COR (ACOR)

In the event that the NHTSA COR of record (identified in G.2.1 above) is unavailable for a period of time during which the Contractor requires technical guidance or during which other COR duties must be fulfilled, then the person identified below has been designated by the NHTSA Contracting Officer to perform those duties as the Alternate COR.

Name: TBD (NEF-220)

1200 New Jersey Avenue, WXX-XXX Washington DC 20590

G.3 CONTRACTOR PERSONNEL

G.3.1 Project Manager

The Contractor shall appoint a Project Manager who will be the Contractor’s authorized supervisor for technical and administrative work performed under the contract. The Project Manager shall provide the single point of contact between the Contractor and the NHTSA COR or other duly authorized representative under the contract.

The Project Manager under this contract is:

[To be Provided at Time of Contract Award]

G.3.2 TAR 1252.237-73 Key Personnel (APR 2005)

The personnel as specified below are considered essential to the work being performed under this contract and may, with the consent of the Contracting parties, be changed from time to time during the course of the contract by adding or deleting personnel, as appropriate.

Before removing, replacing, or diverting any…