DTNH22-10-R-00373 R-08-17-10.pdf

DTNH22-10-R-00373

(Rev. 08/17/2010)

PART I – THE SCHEDULE

B.1 SUPPLIES/SERVICES

SECTION B – SUPPLIES, SERVICES AND PRICES/COSTS

a. Under this contract, the Contractor shall provide all the necessary supplies and services (other than that identified in this contract as being Government-Furnished Test Items (H.7) which are necessary to perform the Compliance Testing) to perform the Compliance Test Program for the Office of Vehicle Safety Compliance (OVSC) of the National Highway Traffic Safety Administration (NHTSA). The Compliance Test Program consists of the effort described below and in Section C, Statement of Work (SOW), of this contract.

• FMVSS No. 109 “New pneumatic tires.”

• FMVSS No. 119 “New pneumatic tires for vehicles other than passenger cars”

(medium truck tires (MT))

• FMVSS No. 119 “New pneumatic tires for vehicles other than passenger cars”

(motorcycle tires (MC))

• FMVSS No. 139 “New pneumatic radial tires for light vehicles”

• FMVSS No. 109 S5.3, Tire Strength for P-metric tires

• FMVSS No. 119 S7.3, Tire Strength Test for LT tires

• FMVSS No. 109 S5.2, Tubeless Tire Bead Unseating Resistance Test

• FMVSS No. 109 S4.2.2.2, Physical Dimensions

• FMVSS No. 139 S6.1 Tire Dimensions

• 49 CFR 575.106 Tire Efficiency

• Bead to Bead Shearography Inspection

b. This is an Indefinite Delivery, Indefinite Quantity, Firm Fixed Price Contract, with a Cost Reimbursement item for purchase of Contractor Purchased Test Items (CPTI).

B.2 MINIMUM/MAXIMUM OBLIGATIONS

a. Minimum obligation – During Base Year one, the Government shall guarantee a minimum of one test for each of CLINs 001 – 004.

b. Maximum obligation – The Contractor shall be obligated to provide services and support up to the maximum number of tests specified in the Price Schedules for the Base Period.

c. Except for the current known requirement, the other quantities stated in Sections B.3 and B.4 represent estimates of the Government’s requirements. The Government reserves the right, at its option, to increase the quantities of testing services provided under this contract up to the maximum optional quantities specified and for the periods indicated. The optional quantities may be exercised in whole or in part and will be exercised in the form of Delivery Orders.

B.3 CONTRACT PRICES

a. The following compliance testing prices shall apply for payment purposes and shall include any charges for storage services. Prices are effective for the 12-month periods shown, beginning with the effective date of the contract.

b. Optional quantity prices shall be effective for those periods shown in each of the contract Price Schedules (Sections B.4.1 through B 4.6).

c. Costs shall be billed at rates in effect at the time the test item purchasing and testing are conducted regardless of when the agency accepts the corresponding final test report.

(1) The Contractor’s Service Charge (identified in Contract Line Items (CLINs) 006, 019, 032, 045, 058, and 071) is the Contractor’s administrative cost or fee associated with the Contractor’s purchase of the required sets of tires as test items (Contractor Purchased Test Items (CPTI)).

(2) The actual cost of test items procured by the Contractor (CPTI) are identified in CLINs 005, 018, 031, 044, 057, and 070. These costs will be included as part of the Contractor’s Delivery Order Quote (See Method of Ordering, Section H.14.). The cost of test items will be established at time of delivery order award and remain fixed for the duration of the delivery order period of performance.

(3) The cost of testing services under FMVSS Nos. 109, 119 (MC or MT), 139, 575.106, or bead to bead shearography are identified in the remaining CLINs (not identified in subparagraph (1) and (2) above). The cost of testing services will be established at the time of award and remain fixed for the duration of the contract period of performance.

d. All Storage costs as defined in Statement of Work, Section C.6, Storage of Test Items, Parts, Components, or Equipment, if any, must be included in the test prices set forth in Section B.

B.3.1 KNOWN REQUIREMENTS

The agency’s known requirement (CLINS 001 through 004) represents a guaranteed minimum level of work required under this contract as specified in section B.4.1 Price Schedule.

B.3.2 OPTIONAL REQUIREMENTS

The agency’s optional quantities, stated in sections B.4.2 through B 4.6 Price Schedules represent estimates of the Government's requirements.

B.3.3 INCREASED OPTIONAL QUANTITIES

The Government reserves the right to increase the optional quantities of testing services provided under the resultant contract up to the maximum optional quantities specified and for the periods indicated.

B.4 PRICE SCHEDULE

YEAR 1 – KNOWN REQUIREMENTS

(09/30/2010 – 09/29/2011)

CEILING AMOUNT: $

LINE

ITEM NO. DESCRIPTION KNOWN

QTY

FIXED PRICE

PER TEST

TOTAL

PRICE

001 FMVSS No. 119 (MT) Test 1 $ $ 002 FMVSS No. 119 (MC) Test 1 $ $ 003 FMVSS No. 139 Test 1 $ $ 004 49 CFR 575.106 Test 1 $ $

005 Contractor Purchased Test Items (CPTI) (purchase of sets of test tires)*

006 Service Charge, Contractor Purchased Test Items (CPTI) (unit price is per tire set)

1 $ $

*A Delivery Order will specify the test(s) ordered and the type and quantity of CPTI required to complete testing (i.e., identifying required tires by make, model and the number of sets needed).

YEAR 1– OPTIONAL QUANTITIES

(09/30/2010 – 09/29/2011)

CEILING AMOUNT: $

LINE

ITEM NO. DESCRIPTION

QUANTITY

(NO. OF

TEST SETS)

QUANTITY

RANGES UNIT PRICE

007 FMVSS No. 109 Test 1-20 $ 21-50 $

008 FMVSS No. 119 (MT) Test 1-20 $ 21-50 $

009 FMVSS No. 119 (MC) Test 1-20 $ 21-50 $

010 FMVSS No. 139 1-20 $ 21-150 $

011 FMVSS No. 109 Strength Test

1-10 $ 11-20 $

012 FMVSS No. 119 Strength Test

1-10 $ 11-20 $

013 FMVSS No. 109, Test Tubeless Tire Bead Unseating Resistance Test

1-10 $ 11-20 $

014 FMVSS No. 109 Physical Dimension Test

1-10 $ 11-20 $

015 FMVSS No. 139 Physical Dimension Test

1-10 $ 11-20 $

016 49 CFR 575.106

Tire Efficiency Test

1-20 $ 21-150 $

017 Bead-to-Bead Shearography Shearography Inspection

1-10 $ 11-20 $

018 Contractor Purchased Test Items (CPTI) (purchase of test tires)*

019 Service Charge, Contractor Purchased Test Items (CPTI) (unit price is per tire set)

1-100 $ 101-300 $

*A Delivery Order will specify the test(s) ordered and the type and quantity of CPTI required to complete

YEAR 2– OPTIONAL QUANTITIES

(09/30/2011 – 09/29/2012)

CEILING AMOUNT: $

LINE

ITEM NO. DESCRIPTION

QUANTITY

(NO. OF

TEST SETS)

QUANTITY

RANGES UNIT PRICE

020 FMVSS No. 109 Test 1-20 $ 21-50 $

021 FMVSS No. 119 (MT) Test 1-20 $ 21-50 $

022 FMVSS No. 119 (MC) Test 1-20 $ 21-50 $

023 FMVSS No. 139 1-20 $ 21-150 $

024 FMVSS No. 109 Strength Test

1-10 $ 11-20 $

025 FMVSS No. 119 Strength Test

1-10 $ 11-20 $

026 FMVSS No. 109, Test Tubeless Tire Bead Unseating Resistance Test

1-10 $ 11-20 $

027 FMVSS No. 109 Physical Dimension Test

1-10 $ 11-20 $

028 FMVSS No. 139 Physical Dimension Test

1-10 $ 11-20 $

029 49 CFR 575.106

Tire Efficiency Test

1-20 $ 21-150 $

030 Bead-to-Bead Shearography Shearography Inspection

1-10 $ 11-20 $

031 Contractor Purchased Test Items (CPTI) (purchase of test tires)*

032 Service Charge, Contractor Purchased Test Items (CPTI) (unit price is per tire set)

1-100 $ 101-300 $

*A Delivery Order will specify the test(s) ordered and the type and quantity of CPTI required to complete

YEAR 3– OPTIONAL QUANTITIES

(09/30/2012 – 09/29/2013)

CEILING AMOUNT: $

LINE

ITEM NO. DESCRIPTION

QUANTITY

(NO. OF

TEST SETS)

QUANTITY

RANGES UNIT PRICE

033 FMVSS No. 109 Test 1-20 $ 21-50 $

034 FMVSS No. 119 (MT) Test 1-20 $ 21-50 $

035 FMVSS No. 119 (MC) Test 1-20 $ 21-50 $

036 FMVSS No. 139 1-20 $ 21-150 $

037 FMVSS No. 109 Strength Test

1-10 $ 11-20 $

038 FMVSS No. 119 Strength Test

1-10 $ 11-20 $

039 FMVSS No. 109, Test Tubeless Tire Bead Unseating Resistance Test

1-10 $ 11-20 $

040 FMVSS No. 109 Physical Dimension Test

1-10 $ 11-20 $

041 FMVSS No. 139 Physical Dimension Test

1-10 $ 11-20 $

042 49 CFR 575.106

Tire Efficiency Test

1-20 $ 21-150 $

043 Bead-to-Bead Shearography Shearography Inspection

1-10 $ 11-20 $

044 Contractor Purchased Test Items (CPTI) (purchase of test tires)*

045 Service Charge, Contractor Purchased Test Items (CPTI) (unit price is per tire set)

1-100 $ 101-300 $

*A Delivery Order will specify the test(s) ordered and the type and quantity of CPTI required to complete

YEAR 4– OPTIONAL QUANTITIES

(09/30/2013 – 09/29/2014)

CEILING AMOUNT: $

LINE

ITEM NO. DESCRIPTION

QUANTITY

(NO. OF

TEST SETS)

QUANTITY

RANGES UNIT PRICE

046 FMVSS No. 109 Test 1-20 $ 21-50 $

047 FMVSS No. 119 (MT) Test 1-20 $ 21-50 $

048 FMVSS No. 119 (MC) Test 1-20 $ 21-50 $

049 FMVSS No. 139 1-20 $ 21-150 $

050 FMVSS No. 109 Strength Test

1-10 $ 11-20 $

051 FMVSS No. 119 Strength Test

1-10 $ 11-20 $

052 FMVSS No. 109, Test Tubeless Tire Bead Unseating Resistance Test

1-10 $ 11-20 $

053 FMVSS No. 109 Physical Dimension Test

1-10 $ 11-20 $

054 FMVSS No. 139 Physical Dimension Test

1-10 $ 11-20 $

055 49 CFR 575.106

Tire Efficiency Test

1-20 $ 21-150 $

056 Bead-to-Bead Shearography Shearography Inspection

1-10 $ 11-20 $

057 Contractor Purchased Test Items (CPTI) (purchase of test tires)*

058 Service Charge, Contractor Purchased Test Items (CPTI) (unit price is per tire set)

1-100 $ 101-300 $

*A Delivery Order will specify the test(s) ordered and the type and quantity of CPTI required to complete

YEAR 5– OPTIONAL QUANTITIES

(09/30/2014 – 09/29/2015)

CEILING AMOUNT: $

LINE

ITEM NO. DESCRIPTION

QUANTITY

(NO. OF

TEST SETS)

QUANTITY

RANGES UNIT PRICE

059 FMVSS No. 109 Test 1-20 $ 21-50 $

060 FMVSS No. 119 (MT) Test 1-20 $ 21-50 $

061 FMVSS No. 119 (MC) Test 1-20 $ 21-50 $

062 FMVSS No. 139 1-20 $ 21-150 $

063 FMVSS No. 109 Strength Test

1-10 $ 11-20 $

064 FMVSS No. 119 Strength Test

1-10 $ 11-20 $

065 FMVSS No. 109, Test Tubeless Tire Bead Unseating Resistance Test

1-10 $ 11-20 $

066 FMVSS No. 109 Physical Dimension Test

1-10 $ 11-20 $

067 FMVSS No. 139 Physical Dimension Test

1-10 $ 11-20 $

068 49 CFR 575.106

Tire Efficiency Test

1-20 $ 21-150 $

069 Bead-to-Bead Shearography Shearography Inspection

1-10 $ 11-20 $

070 Contractor Purchased Test Items (CPTI) (purchase of test tires)*

071 Service Charge, Contractor Purchased Test Items (CPTI) (unit price is per tire set)

1-100 $ 101-300 $

*A Delivery Order will specify the test(s) ordered and the type and quantity of CPTI required to complete

C.1 SUMMARY OF WORK REQUIRED

SECTION C - DESCRIPTION, SPECIFICATIONS, WORK STATEMENT

a. The National Highway Traffic Safety Administration (NHTSA) is an agency of the U.S.

Department of Transportation (DOT). NHTSA’s mission is to save lives, prevent injuries and reduce traffic-related health care and other economic costs. The agency develops, promotes and implements effective educational, engineering and enforcement programs with the goal of ending preventable tragedies and reducing economic costs associated with vehicle use and highway travel.

b. The Contractor shall furnish the necessary qualified personnel, facilities, materials, supplies and equipment to perform testing services required to determine conformance of test items (i.e., tires).

Test items shall be purchased by the Contractor (Contractor Purchased Test Items (CPTI)) as a cost reimbursable item, as specified in the contract and determined by the Contracting Officer’s Technical Representative (COTR), with the requirements of TP-109-09, TP-119-04, TP-139-03, or TP-575-TE-01, as applicable. The Contractor shall provide test reports to the agency in conjunction with completing each test.

c. The Contractor shall conduct tests of the CPTI, either purchased by the Contractor or provided by the Government. The Contractor shall conduct testing according to the schedule specified in Section C.7, Test Schedule, of this contract. The Contractor shall complete testing within the time specified in the Testing Schedule, Section C.7, and shall submit reports for each model tested as required by the Schedule. The Contractor shall conduct the tests in accordance with the procedures specified in Section C.2, Test Procedures.

d. The Contractor shall be required to provide rims for tire testing and any other equipment or device specified in the test procedures per section C.2. As specified in the applicable test procedure, all testing shall be conducted in a controlled temperature and humidity environment.

e. The required tests for Phase B and Phase C for new pneumatic passenger car tires are described in TP-109-09, Test Procedures. The required tests for Phase B and Phase C for pneumatic tires for use on vehicles other than passenger cars are described in TP-119-04 and section 4, Test Procedures.

The required tests for Phase B and Phase C for passenger car tires are described in TP-139-03, section 12, Compliance Test Execution.

f. The strength test, the tubeless tire bead unseating resistance test and the physical dimensions measurements for new pneumatic passenger car tires may be found in Phase A of TP-109-09, Test Procedures. However, under the contract, NHTSA may order one, two or all three of these tests for a particular tire. If ordered under the contract, NHTSA will specify one new tire on which the Contractor shall perform any or all of these three tests.

g. The strength test and the physical dimensions measurements for LT tires may be found in Phase A of TP-109-09, Test Procedures. However, under the contract, NHTSA may order one, two or all three of these tests for a particular tire. If ordered, NHTSA will supply one new tire on which one or both of these tests may be performed under TP-119-04.

h. The strength test, the tubeless tire bead unseating resistance test and the physical dimensions measurements for new pneumatic passenger car tires and LT tires may be found in Phase A of TP-139-03, Test Procedures. However, under the contract, NHTSA may order one, two or all three of these tests for a particular tire. If ordered under the contract, NHTSA will specify one new tire on which the Contractor shall perform any or all of these three tests.

i. The procedures for the strength test and the physical dimensions measurements may be found in Phase A for new pneumatic passenger car tires are described in TP-119-04, section 4, Test Procedures.

However, under the contract, NHTSA may order one or more of these tests. If ordered under the contract, NHTSA will specify one new tire on which the Contractor shall perform any or all of these three tests.

j. The Contractor shall:

(1) Participate with the COTR in a kick-off meeting via conference call to review the contract details, performance, and deliverables within 14 calendar days after contract award.

(2) Begin testing after award according to the schedule specified in Section F of this contract;

(3) Conduct all testing in accordance with the test procedures specified in Section C.2 of this contract;

(4) Compete testing within the time allotted in Section F.6, Milestones, of this contract, and,

(5) Prepare and submit test reports for each tire make and model tested in accordance with Section F.7 of this contract.

C.2 TEST PROCEDURES

a. The Contractor shall perform all work in accordance with the testing requirements:

(1) Federal Motor Vehicle Safety Standard (FMVSS) No. 109 “New pneumatic tires" and the Office of Vehicle Safety Compliance document, TP-109-09 Laboratory Test Procedure for FMVSS No. 109, “New pneumatic tires,” issued July 17, 2003.

(2) Federal Motor Vehicle Safety Standard (FMVSS) No. 119 “New pneumatic tires for motor vehicles with a GVWR of more than 4,536 kilograms (10,000 pounds) and motorcycles" and the Office of Vehicle Safety Compliance document.

(3) TP-119-04* Laboratory Test Procedure for FMVSS No. 119, “New pneumatic tires for motor vehicles with a GVWR of more than 4,536 kilograms (10,000 pounds) and motorcycles,” issued May 1988.

*The agency will direct which tires under FMVSS No. 119 will be tested to which revision of TP-119, i.e., motorcycle or truck tires.

(4) Federal Motor Vehicle Safety Standard (FMVSS) No. 139 “New pneumatic radial tires for light vehicles" and the Office of Vehicle Safety Compliance document, TP-139-03 Laboratory Test Procedure for FMVSS No. 139, “New pneumatic radial tires for light vehicles,” issued July 14, 2004. TP-139-03 is hereby updated to include the measurement of the height of the treadwear indicator on 10% of the tires in each category (PC and LT, snow and non-snow tires), rounded to the lower integer. If the government orders strength tests, tubeless tire bead unseating resistance test or physical tire dimension tests, the Contractor shall include those data in the compliance report of the corresponding compliance report that includes Phase B and/or Phase C data. If the strength tests, tubeless tire bead unseating resistance test or physical tire dimension tests are performed on a tire make and model that is not being tested for Phase B or Phase C compliance tests, the Contractor shall prepare an independent and separate report as outlined in the respective OVSC test procedures, TP-109- 09, TP-119-04, TP-139-03, and TP-575-TE, NHTSA consumer information regulation

575.106 Tire Efficiency, and TP-575-TE-01, dated June 4, 2010.

(5) For (1), (2) and (3) above, the Contractor will also measure the treadwear indicator height of one tire in a set, for each ten sets of tires under the applicable standard; if the number of sets of tires for testing under any standard is less than ten, the Contractor shall measure one tire from a set of that group for treadwear indicator height. Follow the procedure for tread depth under 575.105, Uniform Tire Quality Grading Standards (UTQGS), paragraph (e)(2)(vi) to determine the treadwear indicator height.

b. The OVSC Test Procedures, TP-109-09, TP-119-04, TP-139-03, and TP-575-TE, are attached (Section J) and made part of this contract, including the measurement of the height of the treadwear indicator of 10% of the tires tested in each category under TP-119-04 or 05 and TP-139-03.

c. The actual testing procedures specified in TP-109-09, TP-119-04, TP-139-03, and TP-575-TE which are referenced by or made part of this contract, will be referred to hereinafter as the “OVSC Test Procedures.”

d. Any test procedures used by the Contractor which are “in-house” procedures or which are different from the OVSC Test Procedure as defined above and approved for use by the COTR will be referred to hereinafter as “Contractor Test Procedure.” The Contractor shall not use unapproved test procedures to complete work under the contract.

C.3 TEST ITEMS/MODELS REQUIREMENTS

a. The following test standards require the Contractor to purchase and test tires as a set (either two or three). Any administrative charges must be applied to a purchase of a set of tires for these tests, and shall not be permitted on a per tire basis.

Standard/Regulation Number of tires in a set Type of Tires

FMVSS No. 139 1 3 PC

FMVSS No. 139 3 LT

FMVSS No. 119 3 M/HT or MC

FMVSS No. 109 2 PC

49 CFR 575.106 2 2 PC

FMVSS No. 139 and

49 CRF 575.106 3

5 PC

1 Will be used when purchasing PC tires that will be tested for FMVSS No. 139, but will not be tested for 49 CFR 575.106; one fee will be chargeable.

2 Will be used when purchasing PC tires that will be tested for 49 CFR 575.106 but will not be tested for FMVSS No. 139; one fee will be chargeable.

3 Will be used when purchasing PC tires that will undergo both FMVSS No. 139 testing and 49 CRF 575.106 testing; one fee will be chargeable.

b. The Government will determine which test items are to be tested and will not be bound by any plans, lists, matrices, or other preliminary data submitted to the Contractor regarding the types or models of tires planned for testing prior to delivery. The Contractor shall not substitute test items without prior written or verbal approval from the Contracting Officer and the Contracting Officer’s Technical Representative (COTR).

c. In order to meet the contract’s known requirements for testing or after a delivery order for testing has been placed, test items shall be obtained using the following procedure:

(1) The COTR will provide the contactor the test item (i.e., tires) product identification by make and model, contact information for the suggested source, cost estimate, and the required quantities to purchase for testing.

(2) The Contractor shall purchase the required quantities of the test tires per the purchase identification information provided by the COTR. The Contractor shall place the order for each specific test item within 15 days after receipt of the purchase identification information from the COTR. The COTR will provide test item purchase identification information to the Contractor incrementally throughout the contract as deemed necessary by the COTR.

(3) The Contractor shall complete all transactions required in purchasing the required test items. This includes, but is not limited to, directly placing the purchase order for the required test items with the appropriate suggested source, verifying that the correct type and quantity of test items are received for each purchase order placed, and completing full payment with the appropriate source for the test items purchased.

(4) The Contractor shall notify the COTR of all purchase orders placed as well as receipt of the purchased test items.

(5) The Contractor shall retain all documents for each purchase order until disposition instructions are provided by the COTR.

d. The Government may choose to substitute test models at any time.

C.4 MEASUREMENT AND TEST EQUIPMENT

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

(1) Date and place of last calibration;

(2) Date of next scheduled calibration;

(3) Name of technician or commercial business performing the calibration;

(4) Full scale measurement range;

(5) Accuracy and tolerance over the entire measurement range or within the range used for testing.

b. 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.

c. The Contractor shall maintain records that show the traceability of calibrated measurement and test equipment to standards maintained by the National Institute of Standards and Technology.

d. The Contractor shall be able to provide to the Government within 24 hours of a written request by the COTR all information required to be maintained under this section.

C.5 DEVIATIONS FROM TEST PROCEDURES

a. The Contractor shall conduct testing only in accordance with the required OVSC Test Procedures and/or Contractor test procedures approved by the COTR. The Contractor shall notify the COTR if any deviations from the OVSC Test Procedure or approved Contractor test procedures are necessary prior to performing the deviation. The Contractor shall not conduct any test requiring such a deviation without first receiving approval from the COTR.

b. Any problems or questions regarding the technical portion of this contract should be referred to the COTR within 48 hours via telephone and within one week via email or official letter.

c. The COTR may require that minor deviations from the OVSC Test Procedure and/or Contractor test procedures be made as deemed necessary. It is anticipated that these minor deviations will have no affect on the cost of performing the test. In the event the Contractor believes that a minor deviation will result in a change to the fixed costs provided in the contract, the Contractor shall inform the COTR prior to performing any test requiring the requested minor deviation.

C.6 STORAGE OF TEST ITEMS

a. Test items (new pneumatic tires) which have “passed” compliance requirements, and also any unused test items, shall be stored at no additional cost until receipt of disposition instructions from the Government after all testing, inspection and acceptance of final test report. See Section H.7, Contractor Purchased Test Items (CPTI). The COTR will provide disposition instructions for tested tires and unused items within thirty (30) days of acceptance of test reports.

b. Test items which have “not met” compliance requirements, and any unused test items identical to test items which have “not met” compliance requirements, shall be stored by the Contractor at no additional cost to the Government for not more than 5 years after the test failure or expiration of the contract, whichever occurs first, unless directed otherwise by the COTR.

c. The final determination of “passed” or “not met” shall be made by the COTR upon acceptance of the Final Test Report. Therefore, no test items shall be destroyed or disposed of until authorized by the COTR.

C.7 TESTING SCHEDULE

The Contractor shall commence compliance testing within three (3) weeks after receipt of test items for a specific tire make and model, and shall complete all required testing for the subject test item within three

(3) months of receipt of test items or prior to end of the fiscal year, whichever occurs first. The Contractor shall not deviate from this schedule unless authorized to do so by the COTR.

D.1 GENERAL INSTRUCTIONS

SECTION D - PACKAGING AND MARKING

Preservation and packaging of all shipments or mailing of all work delivered under this contract shall be done in accordance with good commercial practices and to insure 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.

Under no circumstances shall the Contractor use express mail to transmit routine progress reports or invoices.

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 Microsoft Word 2007 format. 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, e.g., avoid use of columns, or 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 Microsoft EXCEL 2007 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:

a. Graphics – In the majority of cases, the Office of Communication Services will develop any needed graphics in collaboration with the COTR. 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 Printing Office (e.g. Adobe Illustrator.)

b. 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 CD or DVD in either TIF format (for scanned images) or JPEG (for images downloaded to the CD or DVD directly from the digital camera). 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 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 the photos.

D.2.4 WEB-BASED IMAGES

Occasionally, web-based images may be used in NHTSA publications. The Contractor is cautioned that copyright laws restrict use of many of these images even if this 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 should not be used.

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

SECTION E - INSPECTION AND ACCEPTANCE

The 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 address (es): www.arnet.gov/far

The following FAR Clauses are hereby incorporated by reference.

Clause Title Date

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 COTR as designated in this contract shall be responsible for performing the inspection of all services rendered under this contract and for recommending acceptance of replacement/correction of services or materials that fail to meet the contract requirements to the Contracting Officer.

The COTR shall also be responsible to the Contracting Officer for recommending acceptance or replacement/correction of nonconforming supplies or services that fail to meet the contract requirements.

Rejection of a final report will delay final payment of costs due under the contract. The most common causes for rejecting final reports include but are not limited to:

a. Incomplete description of the work objective and its relationship to other work performed in the area.

b. Inadequate description of methodology.

c. Insufficient or inconsistent technical information to support the findings or conclusions.

d. Poorly conceived graphs, charts and displays.

e. Incorrect spelling and grammar.

http://www.arnet.gov/far�

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

SECTION F - DELIVERIES OR PERFORMANCE

The 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): www.arnet.gov/far

The following FAR Clauses are hereby incorporated by reference.

Clause Title Date

52.242-15 Stop Work Order AUG 1989

52.247-35 F.O.B. Destination, Within Consignee’s Premises APR 1984

F.2 DEFINITIONS

“Day”: As used in this Section F, and other sections of this document, unless otherwise noted, the term refers to a calendar day.

“Standard” or “Safety Standard”: As used in this Section F, the term means a Federal Motor Vehicle Safety Standard or FMVSS.

“Test Failure”: As used in this Section F, and unless otherwise stated, a “test failure” occurs when an FMVSS test is performed in accordance with the applicable test procedures, and the item being test fails to meet the applicable FMVSS standard.

F.2. PERIOD OF PERFORMANCE

All work required hereunder including preparation, submission, review, and acceptance of the final report shall be completed within sixty (60) months after the effective date of the contract.

F.3 DELIVERABLES / MILESTONES

F.3.1. DELIVERABLES/MILESTONE SCHEDULE

Item No. Deliverables (D) / Milestones (M) Due Date 1 Kickoff Meeting (M). Within two (2) weeks after contract award

Contractor submits preliminary documents (See F.4.) (D).

Within eight (8) weeks after contract award

3 COTR review and comment and/or acceptance of preliminary documents (M).

Within two (2) weeks after receipt of preliminary documents

4 Contractor to notify COTR of receipt of test items (M).

Within five (5) days of receipt

5 Contractor provides COTR with test matrix in excel spreadsheet format (See F.5.) (D).

Within two (2) weeks of receipt of test items

6 COTR reviews test matrix (M). Within one (1) week of receipt of spreadsheet

7 Contractor to begin testing (M). Within three (3) weeks after approval of test matrix

8 Contractor submits draft test report (See F.6.c.) (D).

Continuously during test program, but no later than two (2) weeks after completion of testing for each test item (but see requirements for reports of test failures).

9 COTR provides review and comment and/or acceptance of draft test report (M).

Within one (1) week after receipt of draft test report.

10 Contractor submits final test reports (D). Within one (1) week after receipt of COTR comments.

11 Contractor completes all required testing (M).

Within five (5) months after approval of test matrix.

12 Contractor submits monthly status report (See F.6.a) (D).

10th of each month following the month being reported

13 Contractor submits interim test failure report (See F.6.b) (D).

Verbal notification to COTR required within 24 hours of apparent test failure;

Written notification via e-mail or fax required to COTR within 48 hours of apparent test failure.

14 Contractor completes retest for non-conforming test (See H.2.) (M).

Within two (2) weeks after retest required by CO.

15 Contractor submits final test report for retest (See H.2.) (D).

Within three (3) weeks after completion of required retest.

F.3.2. PLACE OF DELIVERY

Unless otherwise specified, deliverables shall be furnished, electronically, to the e-mail addresses provided below. The COTR or CO may request that hardcopy deliverables be provided via fax at the number provided below or via mail at the address provided below.

Item No. Address

2, 5, 8, 10, 12-13, 15

Department of Transportation National Highway Traffic Safety Administration Office of Vehicle Safety (NVS-222) Attention: TBD at Contract Award 1200 New Jersey Ave., S.E., Rm. W43-466 Washington, DC 20590 Telephone: (202) 366-XXXX E-mail: TBD@dot.gov

Department of Transportation National Highway Traffic Safety Administration Office of Acquisition Management (NPO-320) Attention: TBD at Contract Award 1200 New Jersey Ave., S.E., Rm. W51-307 Washington, DC 20590 Telephone: (202) 366-XXXX E-mail: TBD@dot.gov

F.4 PRELIMINARY DOCUMENTS

Within eight (8) weeks after contract award, the Contractor must provide a copy of the following documents to the COTR for approval.

a. Contractor's In-house Laboratory Test Procedure.

b. Checklist for conducting compliance tests.

c. Calibration procedure for instrumentation per the requirements stated in the OVSC Test Procedure (TP-139-03). Guidelines for setting up and maintaining a test instrumentation calibration system are described in ANSI/NCSL Z540-1-1994, "Calibration Systems Requirements." 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 not exceeding six (6) months.

d. List of measurement and test equipment used for 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

Any problems associated with the preliminary documents required under this section must be resolved with the COTR before the initiation of compliance testing.

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F.5 TEST MATRIX

The Contractor shall produce in excel spreadsheet format a schedule (referred to as a test matrix) for completion of required testing under the contract. The Contractor shall provide the government with a test matrix of all test tires within two (2) weeks of receipt of required test items (either as Government Furnished Test Items or CPTI). The government will review and comment and /or approve the test matrix within one (1) week of receipt. The Contractor shall commence testing within three (3) weeks after approval of the test matrix. The Contractor shall complete all tests within five (5) months of approval of the test matrix.

The Contractor shall not deviate from the test matrix unless authorized in writing by COTR.

F.6 REQUIRED REPORTS

a. Monthly Status Reports shall be submitted in accordance with Section F.3 of this contract.

The preferred method of transmission is via e-mail, although faxed copies may be requested. Reports are due on the 10th of the month indicating the status of all testing services, test reports, and Government Furnished Test Items and CPTI for the month prior to the month in which the monthly report is due. The monthly status report shall indicate the contract number and the time covered. The Contractor shall continue to submit monthly status reports until all final test reports are accepted by the Government.

Specifically, Monthly Status Reports shall include the following.

1. Test items received (See section H.8 ) and number of tests, inspections, and reports scheduled for the reporting period and completed during the reporting period;

2. Schedule for tests, inspections, and reports for the next reporting period;

3. Brief description of test failures which occurred during the reporting period;

4. Problems or delays that the Contractor experienced during the reporting period which are related to the supplies and services required under this contract;

5. Specific action that the Contractor proposes to correct problems or delays identified.

6. Technical summary.

b. Interim Test Failure Reports. The Contractor shall verbally notify the COTR within twenty-four (24) hours of a test failure. The Contractor shall submit a written interim test failure report by e-mail or fax within 48 hours. Written interim test failure reports shall be formatted in accordance with OVSC Test Procedures or submitted using a form provided by the COTR. These may be hand-written. (See TP-139-03 section 16). The written interim test failure report shall be a PDF file and use the format described in Section H.11. The written interim test failure report also shall include digital images of the anomalous area where the test items did not meet requirements of the test.

c. Final Test Reports shall be submitted to the designated COTR for review and comment and/or acceptance within two weeks of completion of all phases of compliance testing and inspection of each model set of tires. Final reports shall be prepared in accordance with instructions contained in the OVSC Laboratory Test Procedure and with DOT Order 1700 18(b) located at http://www.dot.gov/.

Reports that do not meet these requirements will be returned to the Contractor. NHTSA's Fiscal Services, Finance Group will withhold payment of a Contractor's invoice until the Final Test Report is accepted by the COTR. If a Final Test Report is returned to the Contractor for technical or format corrections, the report date of the Final Report shall be changed to reflect the date of re-submission. The draft final test report and final test reports shall be PDF files.

d. Before submission of any hard copy final test reports (generated from the electronic master) a copy of the electronic master (complete with all required signatures) shall be submitted for review and final approval by the COTR.

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G.1 VOUCHER/INVOICE REQUIREMENTS

SECTION G - CONTRACT ADMINISTRATION DATA

a. The Contractor shall submit one original invoice to:

DOT/NHTSA

Mike Monroney Aero Center Accounts Payable Branch, AMZ-15000 P.O. Box 268911 Oklahoma City, OK 73126

Or

The Contractor may scan its invoice into PDF format and transmit it electronically via e-mail to the following address:

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

The Contractor is responsible for ensuring the legibility of the PDF image. Illegible copies may be returned to the Contractor for re-scanning and may result in payment delays.

b. The following data shall be included in an invoice to be considered proper for payment:

1. Name and address of the Contractor.

2. Invoice date and invoice number. The Contractor should date invoices as close as possible to the date of the mailing or transmission.

3. Timeframe covered by the invoice.

4. NHTSA Contract number.*

5. Delivery Order Number (as applicable)*

6. NHTSA Contracting Officer’s Name*.

7. NHTSA Contract Specialist Name

8. NHTSA Contracting Officer’s Technical Representative’s name*.

9. Description of supplies/services covered by the invoice to include:

(a) Contract Line Item Number (CLIN);

(b) CLIN Price

(c) CLIN Quantity

(d) Invoice Total Price. In addition to the current billing period, the invoice shall provide a cumulative total of billings to date.

10. Name and address of Contractor official to where questions regarding payment should be referred.

11. If the invoice does not comply with these requirements, the invoice will be returned as an improper invoice within seven (7) days after receipt.

*To the extent it does not require changes to the Contractor’s standard procedures; the indicated information should be easily identified on the front page of the invoice in order to expedite processing.

file:///C:\Documents%20and%20Settings\Brenda.Brummer.CTR\Local%20Settings\Brenda.Brummer.CTR\Local%20Settings\Temporary%20Internet%20Files\Brenda.Brummer.CTR\Local%20Settings\chelly.johnson-jones\Local%20Settings\Temporary%20Internet%20Files\Local%20Settings\Temporary%20Internet%20Files\chelly.johnson-jones\Local%20Settings\Temporary%20Internet%20Files\Content.Outlook\2NY15H1O\9-AMC-AMZ-NHTSA-Invoices@faa.gov�

G.3 GOVERNMENT PERSONNEL

G.3.1 CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (COTR)

The performance of the work required under the contract shall be subject to the technical review of the

NHTSA COTR.

The following individual has been designated as the NHTSA COTR:

[To Be Provided At time of Contract Award]

a. The Contracting Officer will designate a technical representative to assist in monitoring the work under the resultant contract. The COTR serves as the technical liaison with the Contractor. The COTR 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.

b. In the event any technical direction offered by the COTR is interpreted by the Contractor to be outside 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.

c. 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 resultant 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.

G.3.2 ALTERNATE COTR

a. Designation of “Alternate” COTR. In the event that the NHTSA COTR of record is unavailable for a period of time that would jeopardize the timely certification of incoming invoices, then the person indicated below has been designated by the NHTSA Contracting Officer to perform the functions associated with the certification of invoices ordinarily performed by the NHTSA COTR. The Alternate COTR shall have no other responsibility under the Contract than to certify invoices in the absence of the NHTSA COTR.

b. The official(s) designated below shall be responsible for reviewing and certifying invoices ONLY in the absence of the designated NHTSA COTR.

[To be Provided at Time of Contract Award]

G.4 CONTRACTOR PERSONNEL

G.4.1 PROJECT MANAGE

a. The Contractor shall appoint a Project Manager who will be the Contractor's authorized supervisor for technical and administrative work performed under the resultant contract. The Project Manager shall act as the single point of contact between the Contractor and the NHTSA COTR or other duly authorized of the Government representative under the contract.

b. The Project Manager shall receive and execute, on behalf of the Contractor, such technical assignment directives as the COTR, or his duly authorized representative, may issue within the terms and conditions of the contract.

G.4.2. 1252.237-73 KEY PERSONNEL (APR 2005)

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

b. Before removing, replacing, or diverting any of the specified individuals, the Contractor shall notify the contracting officer, in writing, before the change becomes effective. The Contractor shall submit information to support the proposed action to enable the contracting officer to evaluate the potential impact of the change on the contract. The Contractor shall not remove or replace personnel under this contract until the Contracting Officer approves the change.

c. The Key Personnel under this Contract are:

H.1 OPTION FOR INCREASED QUANTITY—SEPARATELY PRICED LINE ITEMS

SECTION H SPECIAL CONTRACT REQUIREMENTS

The Government may increase the testing requirements called for herein by the optional quantities shown, in whole or in part, and at the unit prices specified in Section B.4, Price Schedules. The Contracting Officer may exercise the option(s) at any time within the term of the contract by executing delivery orders.

H.2 NON-CONFORMING TESTS/ RETESTS

a. Non-conforming Test Description: A non-conforming compliance test is one which does not conform precisely to all requirements/specifications of the OVSC test procedure and statement of work applicable to that test.

b. Non-Conforming Test: Any GFTI or CPTI involved in a non-conforming test shall be tagged and identified by specimen, test phase, test date, non-conformance details, etc., and retained by the Contractor pending the receipt of disposition instructions.

c. Non-Conforming Test Report: The Contractor shall verbally notify the COTR of any test not meeting all requirements/specifications of the OVSC test procedure and/or approved Contractor test procedures and statement of work applicable to that test within 24 hours of the test and follow up with written Non-Conforming Test Report to the Contracting Officer's Technical Representative within 48 hours of the test completion.

d. Retest Notification: The Contracting Officer is the only NHTSA official authorized to notify the Contractor that a retest is required. The retest shall be completed within two (2) weeks after receipt of notification by the Contracting Officer. The Contractor shall furnish any test items required to repeat a test which is non-conforming.

e. Waiver of Retest: NHTSA, in its sole discretion, reserves the right to waive the retest requirement.

f. Retest Items: The Contractor shall furnish, at its expense, the test items (tires) required for any retest. The retest tires shall be identical to those tires originally tested. The retest tire shall remain the property of the Contractor. The Contractor shall retain the retest tire until disposal notification from the COTR (expected not to exceed 180 days) if it fails the test. If the retest tire passes the test, the Contractor may dispose of it upon notification from the COTR that the test report has been accepted.

g. Final Test Report: No Final Test Report is required for any test which is determined to be non-conforming unless NHTSA specifically decides, in writing, to require the Contractor to submit such report. The test data from the non-conforming test must be safeguarded until the data from the retest has been accepted by the COTR. The Final Test Report and other required deliverables for the retest tire are required to be submitted to the COTR within 3 weeks after completion of retest.

h. Default: The Contractor is subject to default and subsequent re-procurement costs for non-delivery of valid or conforming tests or retests, as appropriate, (pursuant to the Termination for Default clause in this solicitation or any resultant contract).

i. NHTSA's Rights: None of the requirements herein stated diminish or modify the rights of NHTSA to determine that any test submitted by the Contractor does not conform precisely to all requirements/specifications of the OVSC Laboratory Test Procedure and/or approved Contractor test procedures and Statement of Work applicable to the test.

H.3 INTERPRETATION OF TEST PROCEDURES

Any conflict in the interpretation of the test procedures prescribed herein must be presented by the Contractor to the COTR for discussion and resolution prior to conducting a test. Failure to agree on a resolution shall be resolved in accordance with the Disputes Clause of the contract.

H.4 CONFIDENTIALITY OF INFORMATION

Neither the Contractor, nor any affiliate, subsidiary, consultant, subcontractor, or personnel thereof, shall divulge to any third party any information concerning deliverables produced, work performed, results obtained, or any information provided by the Government in connection with this Contract or any Delivery Order without the prior written approval of the Contracting Officer. The provisions of this clause shall survive the expiration of the Contract.

H.5 PROPRIETARY RIGHTS IN REPORTS

All proprietary rights, including publication rights, in any…