RFP_17-R-00001_topost_Final.pdf

DTNH2217R00001

SOLICITATION, OFFER AND AWARD

4. TYPE OF SOLICITATION2. CONTRACT NUMBER 3. SOLICITATION NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)

ORDER UNDER DPAS (15 CFR 700)

6. REQUISITION/PURCHASE NUMBER

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

NEGOTIATED (RFP)

SEALED BID (IFB)

5. DATE ISSUED

1. THIS CONTRACT IS A RATED RATING PAGE OF PAGES

1 79

C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

10. FOR

INFORMATION

CALL:

CAUTION: LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

(Date)(Hour) local timeuntildepository located in copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the

SOLICITATION

9. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

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J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICES/COSTS

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

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G

F

E

D

C

B

A

SEC. DESCRIPTION PAGE(S) (X) DESCRIPTION SEC. (X)

11. TABLE OF CONTENTS

18. OFFER DATE17. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

15C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

15B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER15A. NAME

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

CALENDAR DAYS (%)30 CALENDAR DAYS (%)20 CALENDAR DAYS (%)10 CALENDAR DAYS (%)

(See Section I, Clause No. 52.232.8)

13. DISCOUNT FOR PROMPT PAYMENT

designated point(s), within the time specified in the schedule.

by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the

12. In compliance with the above, the undersigned agrees, if this offer is accepted within ______________ calendar days (60 calendar days unless a different period is inserted

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

28. AWARD DATE

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

CODE 24. ADMINISTERED BY (If other than Item 7)

ITEM

(4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

41 U.S.C. 253 (c) ( 10 U.S.C. 2304 (c) (

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

21. ACCOUNTING AND APPROPRIATION20. AMOUNT19. ACCEPTED AS TO ITEMS NUMBERED

AWARD (To be completed by government)

CODE

DTNH2217RQ0000206/16/2017

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NHTSA NFO-300

DOT/NHTSA

Office of Acquisition Management 1200 New Jersey Avenue, SE, W51-121 Washington, DC 20590

1100 EST 07/17/2017

Thomas Bub 202 thomas.bub@dot.gov

366-9571

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PAGE(S)

JANELLA DAVIS

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

1-2 3-8

9-17 18-19 21-29 30-32 33-42

43-48

50-58

59-71

72-79

REQUEST FOR PROPOSALS

For:

Compliance Testing of Rear Impact Guards to FMVSS No. 223

IN SUPPORT OF THE

DEPARTMENT OF TRANSPORTATION

NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

OFFICE OF VEHICLE SAFETY COMPLIANCE

PROPOSALS ARE DUE NO LATER THAN 11:00 AM EASTERN

STANDARD TIME ON MONDAY, JULY 17, 2017.

NOTE: Proposals must be delivered to the following address:

Thomas J. Bub

Department of Transportation National Highway Traffic Safety Administration

Office of Acquisition Management, NFO-300 1200 New Jersey Avenue, SE, W51-121

Washington, DC 20590

For inquiries or electronic submission on this solicitation, please e-mail Thomas J. Bub at thomas.bub@dot.gov and nhtsaOAM@dot.gov.

mailto:thomas.bub@dot.gov mailto:nhtsaOAM@dot.gov

Compliance Testing of Rear Impact Guards to FMVSS No. 223

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SUPPLIES/SERVICES

B.1.1 The Contractor shall provide the qualified personnel, facilities, materials, equipment, and services (except as identified in Section H.3, Government Furnished Property) necessary to perform the procurement, receipt, inventory, inspection, testing, reporting, storage and disposal of motor vehicle equipment. The Office of Vehicle Safety Compliance (OVSC) of the National Highway Traffic Safety Administration (NHTSA) requires engineering services to collect data in support of its enforcement program for Federal Motor Vehicle Safety Standard (FMVSS) No.

223, Rear Impact Guards (RIG), and to collect data on a new rear impact guard test procedure being considered by the Agency. There are three types of tests required: (1) Enforcement Testing (See C.10.1), (2) RIG Inspection (See C.10.2) and (3) Evaluation Testing (See C.10.3).

The purpose of enforcement testing is to determine whether rear impact guards comply with the requirements of FMVSS No. 223. The purpose of the RIG inspection is to verify the rig dimensions and material against manufacturer production drawings. The purpose of evaluation testing is to collect data to evaluate a new rear impact guard test procedure being considered by the Agency.

B.1.2 This is a multiple award 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 Indefinite-Delivery Contracts.

B.2 MINIMUM/MAXIMUM OBLIGATIONS

B.2.1 Minimum Obligation – Upon execution of the Base Contract, the Government hereby orders the supplies and services of the Known Requirements under B.3.1 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.3.1 represents the total number of known tests to be conducted during the Contract Year 1 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 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 Sections B.3.2 through B.3.6. The overall contract ceiling amount is $TBD at award. The ceiling amount may be increased upon execution of a bilateral modification.

B.3 CONTRACT PRICES

The following prices shall apply for payment purposes and shall include all charges, including, if applicable, charges for storage and disposal1. Prices for Contract Year One shall apply to orders placed from twelve (12) months following the effective date of the contract, regardless of when work is performed.

Optional quantity prices shall be effective for those years shown in each of the contract Price Schedules (B.3.2 through B.3.6).

Services shall be billed at rates in effect at the time the order is placed regardless of when performance occurs.

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.3.1 through B.3.6 Price Schedules, and will reimburse the Contractor at actual costs for the cost reimbursement Contract Line Item Numbers (CLINs) identified in Section B.

Except for the known requirements (i.e., guaranteed minimum order quantity), identified in Section B.3.1, 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.

Known Requirements (Contract Year One (1))

Reference B.2.1 (Minimum obligation)

Optional Requirements (Contract Year One (1) through Contract Year Five (5))

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

1 Under no circumstances, nor at any time, will storage or disposal costs be permitted as a separate cost item. Storage costs for work described in Statement of Work, Section C.9.1, Storage/Disposing, if any, must be included in the test prices set forth in Section B.

B.3.1 PRICE SCHEDULE – CONTRACT YEAR ONE (1) KNOWN REQUIREMENTS

(Prices shall be in effect during the period from contract award through twelve (12) months thereafter.)

Total Not-To-Exceed Amount: $TBD

CLIN Description Quantity Fixed Unit

Price

0001 Enforcement Test

1 $ 0002 Rig Inspection 1 $ 0003 Evaluation Test 1 0 0004 Evaluation Test 2 0 0005 Service Charge 1 $ 0006 Reimbursement for CPTI* $

Quantities listed as “Known Requirements” represent the total tests to be conducted during Contract Year 1. However, the number of tests identified, as “known requirements and the Government’s Guaranteed Minimum,” may change depending on the number of contracts awarded, if applicable. NHTSA anticipates that each awarded contract will include a guaranteed minimum obligation amount for at least one enforcement test and one rig inspection.

*Reimbursement for CPTI Contract Line Item Numbers (CLINs) (0006, 0012, 1006, 2006, 3006, and 4006) are cost reimbursement CLINs for this contract and any subsequent Delivery Order. At Delivery Order issuance, NHTSA will provide the Contractor with an estimate for the CPTI (if applicable). The Delivery Order will identify the rear impact guards’ make and model trailer or semitrailer, number of rear impact guards required, and estimated cost. The cost of obtaining the CPTI will be the actual cost paid by the Contractor (CLINs 0006, 0012, 1006, 2006, 3006, and 4006) to the rear impact guard manufacturer for the test items (plus any associated shipping and handling costs, as applicable) along with the firm fixed price service charge (CLINs 0005, 0011, 1005, 2005, 3005, and 4005). The Contractor’s invoice for the cost reimbursement CLINs shall include copies of the actual vendor invoices.

The CPTI identified is subject to change by the NHTSA COR provided that (1) the cost for the test item does not exceed the funds available for procuring the CPTI and that (2) the Contractor has not begun fulfilling the order.

The Delivery Order will include a not-to-exceed amount for the cost reimbursement CLIN. If the costs exceed the not-to-exceed amount obligated on the Delivery Order, the Contractor shall notify the Contracting Officer and the COR prior to incurring said costs.

The Government will reimburse the Contractor at actual costs for the cost reimbursement CLIN in accordance with FAR Part 31.

B.3.2 PRICE SCHEDULE – CONTRACT YEAR ONE (1) OPTIONAL QUANTITIES

(Prices shall be in effect for orders placed during the period from contract award through twelve (12) months thereafter.)

CLIN Description Quantity Per Order

Fixed Unit

Price

0007 Enforcement Test 1-20 $ 0008 Rig Inspection 1-20 $ 0009 Evaluation Test 1 1-20 $ 0010 Evaluation Test 2 1-20 $ 0011 Service Charge 1-20 $ 0012 Reimbursement for CPTI* $

B.3.3 PRICE SCHEDULE – CONTRACT YEAR TWO (2)

(Contract Year Two (2) prices shall apply to orders placed from the end of the “Contract Year One (1)” through twelve (12) months thereafter.)

Order

Fixed Unit

Price

1001 Enforcement Test 1-20 $ 1002 Rig Inspection 1-20 $ 1003 Evaluation Test 1 1-20 $ 1004 Evaluation Test 2 1-20 $ 1005 Service Charge 1-20 $ 1006 Reimbursement for CPTI* $

B.3.4 PRICE SCHEDULE – CONTRACT YEAR THREE (3)

(Contract Year Three (3) prices shall apply to orders placed from the end of the “Contract Year Two (2)” through twelve (12) months thereafter.)

Order

Fixed Unit

Price

2001 Enforcement Test 1-20 $

Rig Inspection 1-20 $

2003 Evaluation Test 1 1-20 $ 2004 Evaluation Test 2 1-20 $ 2005 Service Charge 1-20 $ 2006 Reimbursement for CPTI* $

B.3.5 PRICE SCHEDULE – CONTRACT YEAR FOUR (4)

(Contract Year Four (4) prices shall apply to order placed from the end of the “Contract Year Three (3)” through twelve (12) months thereafter.)

Order

Fixed Unit

Price

3001 Enforcement Test 1-20 $ 3002 Rig Inspection 1-20 $ 3003 Evaluation Test 1 1-20 $ 3004 Evaluation Test 2 1-20 $ 3005 Service Charge 1-20 $ 3006 Reimbursement for CPTI* $

B.3.6 PRICE SCHEDULE – CONTRACT YEAR FIVE (5)

(Contract Year Five (5) prices shall apply to orders placed from the end of the “Contract Year Four (4)” through twelve (12) months thereafter.)

Order

Fixed Unit

Price

4001 Enforcement Test 1-20 $ 4002 Rig Inspection 1-20 $ 4003 Evaluation Test 1 1-20 $ 4004 Evaluation Test 2 1-20 $ 4005 Service Charge 1-20 $ 4006 Reimbursement for CPTI* $

(End of Section B)

SECTION C - DESCRIPTION / SPECIFICATIONS / STATEMENT OF WORK

C.1 ACRONYMS

CMVSS Canada Motor Vehicle Safety Standard CAP Contractor Acquired Property CPTI Contractor Purchased Test Items COR Contracting Officer’s Representative DOT Department of Transportation FMVSS Federal Motor Vehicle Safety Standard GFP Government Furnished Property GFTI Government Furnished Test Items NHTSA National Highway Traffic Safety Administration NPRM Notice of Proposed Rulemaking OVSC Office of Vehicle Safety Compliance QA/QC Quality Assurance/Quality Control RIG Rear Impact Guard TP Test Procedures

C.2 BACKGROUND

The purpose of this Contract is to procure testing services, inspection services, and reports so that the Government can determine whether rear impact guards comply with the requirements of Federal Motor Vehicle Safety Standard (FMVSS) No. 223, Rear Impact Guards, and to collect data on a new rear impact guard test procedure being considered by the Agency.

FMVSS No. 223 applies to rear impact guards for trailers and semitrailers subject to FMVSS No.

224, Rear Impact Protection. The standard was created to reduce the number of deaths and serious injuries that occur when light duty vehicles collide with the rear end of trailers and semitrailers.

On December 16, 2015, NHTSA published a notice of proposed rulemaking (NPRM) to adopt requirements of the Canada Motor Vehicle Safety Standard (CMVSS) No. 223, Rear Impact Guards. NHTSA will evaluate the proposed quasi-static tests and performance requirements outlined in the NPRM.

C.3 DEFINITIONS

Government Furnished Test Items (GFTI) – Refers to test items (rear impact guards) 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 (rear impact guards) purchased by the Contractor for use in the performance of the contract. For the purpose of this contract, CPTI and Contractor Acquired Property (or “CAP”) mean the same thing. Title to CPTI vests with the government.

Non-Conforming Test – Refers to a Contractor-performed test that does not comply with applicable Office of Vehicle Safety Compliance (OSVC) test procedure (TP) requirements and contract requirements applicable to that test. 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 successfully and the item (rear impact guards) being tested met the FMVSS standards.

Test Failure – Refers to testing that the Contractor conducted correctly, but the item (rear impact guards) being tested failed to meet the FMVSS standards. Refer to Section F.8 for instructions on how test failures are to be handled.

C.4 GENERAL REQUIREMENTS

The services under this contract are necessary to determine conformance of rear impact guards with the applicable requirements of Federal Motor Vehicle Safety Standard No. 223, Rear Impact Guards, and to evaluate requirements and test protocol to support NHTSA’s evaluation of new test procedures for rear impact guards.

The Contractor shall furnish the necessary qualified technical personnel, facilities, materials, equipment, and services to perform the procurement, receipt, inventory, inspection, testing, reporting, storage and disposal of rear impact guards provided to the Contractor as Government Furnished Test Items (GFTI) or purchased by the Contractor as Contractor Purchased Test Items (CPTI).

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, or details about the test item configuration, etc.

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

Within two (2) weeks of the effective date of the contract, the Contractor shall participate in a Kickoff meeting with the Contracting Officer’s Representative (COR), Contracting Officer (CO), and other NHTSA staff. The Kickoff meeting may take place via teleconference. This meeting will be approximately two hours in length. 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 PRELIMINARY DOCUMENTS

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

• Contractor Test Procedure for each Enforcement Test and Evaluation Test;

• Checklist for conducting each Enforcement Test and Evaluation Test;

• Calibration procedure for instrumentation per the requirements stated in the OVSC Test

Procedure (TP-223-00) and required for the inspection and evaluation tests. Guidelines for setting up and maintaining a test instrumentation calibration system are described in ANSI/NCSL Z540-1-199, 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 twelve (12) months.

• A list of measurement and test equipment used for inspection, enforcement testing and evaluation 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.

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

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

Copies of the above documents shall be submitted electronically via email, unless otherwise specified by the COR.

*Contractors should provide the preliminary documents as soon as possible after the start of the contract. Once approval of the preliminary documents has been provided, the Contractor may begin testing immediately consistent with the other terms of the contract.

C.7 PROCURING TEST ITEMS - CPTI/SERVICE CHARGE

The Contractor shall procure test items, CPTI, in accordance with the terms of a delivery order.

Each delivery order that includes CPTI will identify the rear impact guards’ make and model trailer or semitrailer, number of rear impact guards required, and estimated cost. The Contractor shall place orders for CPTI in accordance with the timeframe specified in Section F.4 after receipt of a delivery order.

The Contractor shall complete all transactions required to purchase the CPTI, including but not limited to:

• Placing the purchase order for the CPTI with the suggested manufacturer/vendor;

• Providing the manufacturer/vendor with special order/instructions as needed;

• Inspecting the CPTI when received and resolving deficiencies or any identified issues with the supplier. Deficiencies may include damage in transit, missing info/parts, etc.

• Paying the manufacturer/vendor for the rear impact guard ordered.

The Contractor shall notify the COR of all purchase orders placed as well as receipt of the purchased test items in accordance with the timeframes specified in Section F.4. The Contractor shall retain all documents for each CPTI until disposition instructions are provided by the COR.

The CPTI identified in the delivery order is subject to change by the NHTSA COR provided that

(1) the cost for the test item does not exceed the funds available for procuring the CPTI and that

(2) the Contractor has not begun fulfilling the order.

The cost of obtaining the CPTI will be the actual cost paid by the Contractor to the rear impact guard manufacturer/vendor for the test items (plus any associated shipping and handling costs, as applicable) along with the firm-fixed price service charge identified in the price schedule. The procurement of multiple rear impact guards from a single manufacturer, of the same model, shall incur a single service charge. The Contractor’s invoice shall include copies of the rear impact guard manufacturer/vendor’s invoice(s).

Title to CPTI will vest with the government.

C.8 RECEIVING AND INSPECTING TEST ITEMS

The Contractor shall verify that the CPTI and GFTI delivered were not damaged in transit or show evidence of mishandling during shipment (e.g., test items were properly secured for shipping; test items are the correct type and quantity ordered; and, if the test items were not shipped completely assembled, the shipment is complete, containing all required bolt-on components, hardware, etc.). The Contractor shall document any discrepancy or damage identified, e.g., incorrect/incomplete items, and notify the Government. The parties will determine the appropriate steps to replace CPTI and GFTI damaged in transit.

In the event of discrepancies or damage related to the CPTI and GFTI received, the Contractor shall ensure that the manufacturer/vendor resolves any issues. The Contractor shall return items to the manufacturer/vendor, if required, and shall ensure that the manufacturer/vendor provides correct replacement items in return to the Contractor.

C.9 STORAGE/DISPOSING AND INVENTORY/SECURITY OF CPTI/GFTI

C.9.1 Storage/Disposing

All CPTI and GFTI shall be stored and disposed at no additional cost to the Government. The Contractor shall store all CPTI and GFTI until receipt of disposition instructions from the Government. 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.

Test items which have “failed” compliance requirements, and also any unused test items identical to test items which have “failed” compliance requirements, shall be stored by the Contractor until the end of the contract term. Storage of test samples for this period of time shall be at no additional cost to the Government.

Upon direction by the COR and in preparation for disposal of rear impact guards, the Contractor shall remove the support member and cut the horizontal member in half at no additional cost to the Government.

C.9.2 Security of Test Items and Data

The Contractor shall provide appropriate security measures to protect GFTI or CPTI during the entire testing and storage periods. Theft or damage not due to testing, and acts of vandalism must be reported to the COR immediately after discovery. The Contractor may be held responsible for the repair or replacement of any GFTI or CPTI that is damaged or missing.

C.10 TESTING

There are three types of tests required: Enforcement Testing (See Section C.10.1), Rig Inspection (See Section C.10.2) and Evaluation Testing (See Section C.10.3). The purpose of enforcement testing is to determine whether rear impact guards comply with the requirements of FMVSS No.

223. The purpose of the rig inspection is to verify the rig dimensions against manufacturer production drawings. The purpose of evaluation testing is to collect data to evaluate a new rear impact guard test procedure being considered by the Agency.

The Contractor shall conduct testing in accordance with Section C.10.1, Section C.10.2 or Section C.10.3, as applicable, and shall complete this testing within the timeframes specified in Section F.4. The Contractor shall submit separate test reports for each model of rear impact guards, and separate test reports if both enforcement and evaluation testing are ordered for the same rig. Test reports shall be submitted in accordance with Sections F.4 through F.10. The final determination of “passed” or “failed” shall be made by the COR upon acceptance of the Final Test Report.

Any issue with the test procedures prescribed herein must be presented to the COR for discussion and resolution prior to conducting a test. The Contractor shall notify the COR by email of any issue with the test procedures, e.g., question, apparent conflict or ambiguity.

Failure to agree on a resolution shall be resolved in accordance with the Disputes Clause of the contract.

C.10.1 Enforcement Tests

The Contractor shall perform all Enforcement Testing in accordance with the Office of Vehicle Safety Compliance document TP-223-00, Laboratory Test Procedure for FMVSS No. 223, Rear Impact Guards, dated October 20, 1997, or any subsequent revisions to the test procedure as published by NHTSA.

The OVSC Test Procedure TP-223-00 is attached (Section J) and is made part of this contract.

The testing procedures specified in TP-223-00, will be referred to hereinafter as the “OVSC Enforcement Test Procedure”.

Any test procedures used by the Contractor applicable to Enforcement Testing which are “in-house” procedures or which are different from the OVSC Enforcement Test Procedure as defined above, will be referred to hereinafter as “Contractor Enforcement Test Procedure.”

C.10.2 RIG Inspection

The Contractor shall perform rear impact guard (RIG) Inspection procedures on Enforcement Test rigs only.

The Contractor shall inspect the rigs to verify their dimensions and design. The Contractor shall spend a maximum two hours verifying that the test rig is consistent with the manufacturer’s production drawings. This includes the design and dimensions of the horizontal member, structural support members and the features such as braces, plates, openings, fasteners and weld seems.

The Contractor shall document results and findings on a data sheet that is provided to the COR, separate from the test report.

C.10.3 Evaluation Tests

The Contractor shall perform all evaluation test work in accordance with the specification and testing procedures described in Section C.10.3.1.

C.10.3.1 Procedure for Evaluation Tests

The Contractor shall ensure that the rear impact guard is attached to a rigid test fixture in the same manner as it would be attached to the trailer and using the same mounting hardware, and measure and record the vertical distance from the bottom edge of the horizontal member to the ground at the locations of each support to which the horizontal member is attached and 225 mm from the left and right lateral edge of the horizontal member.

Each rear impact guard will be subjected to each of the following quasi-static tests (Sections C.10.3.1.1 and C.10.3.1.2).

C.10.3.1.1 Evaluation Test–1 - Uniform Distributed Force Application Along the Length of the Guard

Force Application Device: The force application device is unyielding and has a height of 203 mm and a width that exceeds the distance between the outside edges of the vertical supports of the horizontal member. If the guard has more than two vertical supports, the width of the guard must exceed the distance between the outside edges of the two inner vertical supports.

Test Location: The test location is the plane of the rearmost surface of the horizontal member of the guard that is:

• Centered in the longitudinal vertical plane passing through the center of the guard’s horizontal member; and

• Centered 50 mm above the bottom of the guard.

Positioning Force Application Device: Before load application, position the force application device such that the longitudinal axis of the force application device passes through the test location and is perpendicular to the transverse vertical plane that is tangent to the rearmost surface of the guard’s horizontal member.

Force Application: Using the force application device, apply force to the guard in a forward direction such that the displacement rate of the force application device is 25 – 90 millimeters per minute. The force application device is guided so that it does not rotate. At all times during the application of force, the location of the longitudinal and lateral axes of the force application device remains constant.

• The force is applied until the force is greater than 350,000 N or until the displacement of the force application device has reached at least 125 mm, whichever comes first. The applied force and the displacement of the force application device is measured and recorded at least 10 times per 25 mm displacement of the force application device.

• If displacement of the force application device is less than 125 mm, continue to apply force until the displacement of the force application device is 125 mm. The applied force and the displacement of the force application device is measured and recorded at least 10 times per 25 mm displacement of the force application device. Reduce the force until the guard no longer offers resistance to the force application device.

• Measure and record the vertical distance from the bottom edge of the horizontal member to the ground at the location of each support to which the horizontal member is attached.

Produce a force versus deflection diagram using the measurements made during the force application test (deflection is along the X-axis and force along the y-axis).

Determine the energy absorbed by the guard by calculating the area under the force versus deflection curve and the X-axis.

C.10.3.1.2 Evaluation Test–2 - Load Application at the Edge of the Guard

Force Application Device: The force application device is unyielding and has a height of 203 mm and a width of 450 mm.

Test Location: The test location is the plane of the rearmost surface of the horizontal member of the guard that:

• Lies on either the left or right side of the horizontal member of the guard.

• Is centered in the longitudinal vertical such that one edge of the force application device coincides with the outboard edge of the guard.

• Is centered 50 mm above the bottom of the guard.

Positioning Force Application Device: Before load application, position the force application device such that the longitudinal axis of the force application device passes through the test location and is perpendicular to the transverse vertical plane that is tangent to the rearmost surface of the guard’s horizontal member.

Force Application: Using the force application device, apply force to the guard in a forward direction such that the displacement rate of the force application device is 25 – 90 millimeters per minute. The force application device is guided so that it does not rotate. At all times during the application of force, the location of the longitudinal and lateral axes of the force application device remains constant.

• The force is applied until the displacement of the force application device has reached at least 125 mm. Measure and record the applied force and the displacement of the force application device at least 10 times per 25 mm displacement of the force application device.

• Reduce the force until the guard no longer offers resistance to the force application device.

• Measure and record the vertical distance from the bottom edge of the horizontal member to the ground at the location 225 mm from the left and right lateral edge of the horizontal member.

Produce a force versus deflection diagram using the measurements made during the force application test (deflection is along the X-axis and force along the y-axis).

Determine the maximum force and displacement of the force application device at the time of maximum force.

Determine the energy absorbed by the guard by calculating the area under the force versus deflection curve and the X-axis.

C.11 DEVIATION FROM TEST PROCEDURES

The Contractor shall conduct testing only in accordance with the approved test procedures (i.e., OVSC Enforcement Test Procedure and Contractor’s Enforcement Test Procedure) and the applicable FMVSS and shall notify the COR, in advance, if any deviation from the approved test procedures are necessary. The Contractor shall receive approval from the COR prior to initiating any deviations from the test procedures. The COR is authorized to approve and require deviations from approved test procedures as long as that deviation does not affect the prices stated in this contract.

C.12 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:

• Date and place of last calibration;

• Date of next scheduled calibration;

• Name of technician or commercial business performing the calibration;

• Full scale measurement range;

• Accuracy and tolerance over the entire measurement range or within the 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.

(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 (TO) and/or COR. 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 CD or DVD in either .tif format (for scanned images) or .jpg (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 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:

52.246-2 Inspection of Supplies - Fixed-Price (AUG 1996) 52.246-3 Inspection of Supplies - Cost-Reimbursement (MAY 2001) 52.246-4 Inspection of Services - Fixed-Price (AUG 1996) 52.246-5 Inspection of Services - Cost-Reimbursement (APR 1984) 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)

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 60 months from the effective date of the contract with the following exception:

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.3.4, 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 PERFORMANCE MILESTONES AND DELIVERABLES

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.9.2, 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).

DELIVERABLES

Item Section Number

Deliverable

Due Date

1 C.6 Preliminary Documents Within 4 weeks of the effective date of the contract 2 F.6 Evidence of receipt of

CPTI/GFTI (See Section C.7) Within 5 days of receipt

3 F.7 Monthly Status Report By the 15th of each month, following the month being reported

4 F.8 Test Failure Report Summary notification within 4 hours of the failure.

Written notification, including the relevant data, within 24 hours of the failure.

5 F.9 Draft Final Test Report in electronic format

Within 2 weeks after completion of test

6 F.9 Final Test Report, Film, and Data Tape

Within 7 days after receipt of COR’s comments on Draft Final Test Report (see Deliverable 5 above)

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).

MILESTONES

Item Section Number

Milestone

Due Date

1 C.5 Kickoff Meeting Within 2 weeks of the effective date of the contract 2 F.6 Contractor to order CPTI Within 5 days of delivery order award.

3 F.6 Contractor notifies COR that

CPTI was ordered.

Within 5 days of ordering the CPTI (Item 1).

4 F.6 Contractor notifies COR of receipt of CPTI and test schedule

Within 5 days after receiving CPTI.

5 F.6 Contractor to initiate testing Within 2 weeks after receipt of CPTI 6 F.6 Contractor to complete testing Within 5 days of initiating test 7 F.8 Notice of Test Failure Summary notification within 4 hours of the failure.

Written notification within 24 hours of the failure.

8 Contractor completion of

Delivery Order TBD at the delivery order level.

Note: Changes to the above milestone and deliverable schedule may be made at the Delivery Order level, based on the volume of the testing ordered.

F.5 PLACE OF DELIVERY OF REPORTS

Unless otherwise specified, all deliverables shall be delivered electronically, under transmittal letter, to the assigned COR at the following address:

To be filled in at time of award

A copy of the transmittal letters for all deliverables and the monthly progress report shall be delivered to the Contract Specialist at the following address:

To be filled in at time of award

*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 TESTING SCHEDULE/CONDUCT

Upon the issuance of a Delivery Order, the Contractor shall commence fulfilling the order and shall complete it in accordance with the terms and conditions of the Delivery Order and Section F.4.

The Contractor shall order CPTI within 5 days of delivery order receipt.

The Contractor shall notify the COR of CPTI purchase within 5 days of ordering CPTI.

The Contractor shall notify the COR within 5 days after receiving the CPTI, and provide a test schedule.

Within two (2) weeks after receipt of CPTI, the Contractor shall initiate testing. Within five (5) days of initiating testing, the Contractor shall complete all testing required by the delivery order.

The Contractor shall not deviate from the test schedule unless authorized in writing by COR.

F.7 MONTHLY STATUS REPORTS

Monthly status reports shall be submitted to the COR and the Contract Specialist indicating which test items have been ordered, anticipated receipt date, actual receipt date, test schedule, the status of each test, test reports, and disposal status for the calendar month and shall be submitted not later than the 15th day of each month, following the month being reported. 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:

• Number of tests, inspections, and reports scheduled for the reporting period and completed during the reporting period;

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

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

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

• Specific action which the Contractor proposes to correct problems or delays identified.

F.8 TEST FAILURE REPORTS

Within 4 hours of a test failure, the Contractor shall provide summary notification of that failure to the COR. This summary notification may be transmitted via telephone, e-mail or facsimile.

Within 24 hours of a test failure, the Contractor shall provide the COR with a written notification that includes the following information: FMVSS test type, test date, laboratory, contract number, project engineer’s name, test failure description, actual data, e.g., charts, any data relevant to the failure, including video and/or photographs, charts (including plots and values), etc., section of the standard failed, date of COR notification, and the name of the individual that provided COR notification. A sample form will be provided by the COR upon request.

F.9 DRAFT AND FINAL TEST REPORTS

Draft test reports shall be submitted to the designated COR for review and acceptance within two (2) weeks of completion of all phases of compliance testing and inspection of each test item. Test reports shall be prepared in accordance with instructions contained in the OVSC Laboratory Test Procedure. Reports that do not meet these requirements will be returned to the Contractor. The COR shall review the draft test report and provide suggested edits and questions within ten (10) business days. The Contractor shall work with the COR to resolve issues. When all issues have been resolved and the test report is accepted by the COR, the Contractor shall issue a final electronic .pdf copy to include the COR’s signature and report number designating it as the final test report. NHTSA may withhold payment of a Contractor’s invoice until the final test report is accepted by the COR. If a final test report is returned to the Contractor for technical or format corrections, the report date shall be changed to reflect the date of resubmission.

Delivery of the final test reports shall accompany data files containing raw data of all force displacement tests (in electronic format, i.e., Excel spreadsheets, CSV, or other comparable format) and videos.

F.9.1 Electronic Test Reports

An electronic draft test report is required after completion of each test. The test report and content shall comply with the applicable test procedures. The organization and content of test data sheets in the report shall be consistent with the applicable test procedures. Typically, these reports can be e-mailed to the COR. However, if the submission of the report and accompanying data files is too large to be e-mailed, it shall be provided on transmittable media such as a flash drive, a CD-ROM or DVD that NHTSA can receive and use.

FRONT COVER

A case shall be used for the protection of any flash drive or CD-ROM / DVD provided. The information required on the cover of a test report is as follows (please also include this information on any CD-ROM or DVD cases provided):

A. Final Report Number such as 223-ABC-XX-00X, where:

223 FMVSS tested, ABC NHTSA assigned 3-digit code the test laboratory XX Fiscal Year of the test program 00X Group Number (001 for the 1st test, 002 for the 2nd test, 003 for the 3rd test, etc.)

B. Final Report Title and Subtitle (example):

Safety Compliance Testing for FMVSS No. 223 Rear Impact Guards

Guard Manufacturer

Model xyz

C. Contractor’s Name and Address (example):

ABC LABORATORIES, INC.

405 Main Street

Detroit, Michigan 48070

NOTE: DOT SYMBOL WILL BE PLACED BETWEEN ITEMS (C) AND (D)

D. Date of Final Report completion

E. The words "FINAL REPORT"

F. The sponsoring agency’s name and address as follows –

U. S. DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

Equipment Division Office of Vehicle Safety Compliance

Mail Code: NEF-220 1200 New Jersey Avenue, SE

FIRST PAGE AFTER FRONT COVER

A disclaimer statement and an acceptance signature block for the COR shall be provided as follows:

“This publication is distributed by the U.S. Department of Transportation, National Highway Traffic Safety Administration, in the interest of information exchange.