FMVSS 218 Draft SOW (693JJ923RQ000434).pdf

Compliance Testing of Motorcycle Helmets to FMVSS No. 218

SECTION C - DESCRIPTION / SPECIFICATIONS / STATEMENT OF WORK

C.1 ACRONYMS

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

C.2 BACKGROUND

The National Highway Traffic Safety Administration (NHTSA) is an operating administration of the United States Department of Transportation (DOT) and its mission is to save lives, prevent injuries, and reduce economic costs associated with motor vehicle crashes. As part of its mission to reduce fatalities and injuries caused by motor vehicle crashes, NHTSA promulgates Federal Motor Vehicle Safety Standards (FMVSS). Manufacturers of motor vehicles and items of motor vehicle equipment are required to certify that each product they sell in the United States meets the requirements of all applicable safety standards. NHTSA’s Office of Vehicle Safety Compliance (OVSC) is charged with determining whether manufacturers meet the applicable safety standards. This contract effort will enable the agency to meet its mission by assuring that motor vehicles meet the requirements of FMVSS No. 218, Motorcycle Helmets

FMVSS No. 218 establishes minimum performance requirements for helmets designed for use by motorcyclists and other motor vehicle users. The purpose of FMVSS No. 218 is to reduce deaths and injuries to motorcyclists and other motor vehicle users resulting from head impacts.

The requirements for compliance testing of motorcycle helmets include testing such components to the load test requirements of FMVSS No. 218 as specified in TP-218-07.

The purpose of this contract is to acquire services associated with the acquisition, inspection, compliance testing, and compliance test reporting of motorcycle helmets to assist the Government in its enforcement efforts for FMVSS No. 218. The information and data produced may be used in enforcement actions and therefore must be legally defensible.

C.3 DEFINITIONS

Government Furnished Test Items (GFTI) – Refers to test items (motorcycle helmets) owned or acquired by the Government and subsequently provided to the Contractor for use in the performance of the contract. The motorcycle helmets are consumed in the performance of the contract, so they are considered Government Furnished Material. The government is the owner of all GFTI and determines when the laboratory is authorized to dispose of it in accordance with the terms of the contract.

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

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

Test Passed – Refers to testing that the Contractor conducted correctly and the item (motorcycle helmets) being tested met the FMVSS standards.

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

C.4 GENERAL REQUIREMENTS

The Contractor shall furnish the necessary qualified personnel, facilities, materials, supplies, equipment, and services to perform work associated with the acquisition, inspection, compliance testing, and test reporting of motorcycle helmets, in accordance with Federal Motor Vehicle Safety Standard No. 218, Motorcycle Helmets.

The Contractor shall also furnish the necessary qualified personnel, facilities, materials, supplies, equipment, and services to perform the acquisition, receipt, inventory, inspection, testing, and reporting of motorcycle helmets to evaluate requirements and test protocols to support the evaluation of new test procedures as specified in the contract. The Contractor may be asked to provide additional information specific to the tests conducted for NHTSA, including, but not limited to:

details about the test set up, test observations, or details about the test item configuration.

The Contractor shall be required to procure all required fixtures to facilitate the impact attenuation, penetration, and retention testing as specified in the test procedures per Section C.6.5, Test Procedures. As specified in the applicable test procedure, all testing shall be conducted in a controlled temperature and humidity environment.

The Contractor shall conduct the tests in accordance with the procedures specified in Section C.6.5 and the test schedule in Section C.6.4. The Contractor shall prepare and submit Preliminary

Documents in accordance with Section C.6.2 and Monthly Status Reports, Notification of Test Failure and Interim Failure Reports, and Final Test Reports as specified in Sections F.6 through F.8.

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

Occasionally (typically less than twice per delivery order issued), the COR and/or product stakeholder (e.g. manufacturer, importer, brand owner, etc.) may request a visit to the test laboratory to witness testing in support of NHTSA’s investigation.

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

C.5 KICK OFF MEETING

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

Within four (4) weeks of the effective date of the contract, the Contractor shall participate in a Kickoff meeting with the Contracting Officer’s Representative (COR), Contracting Officer (CO), and other NHTSA staff. The Kickoff meeting may take place via teleconference or on-site at Contractor’s testing facility. If the kickoff meeting is held via teleconference, then the meeting will be approximately two hours in length. If the kickoff meeting is held at the Contractor’s site, then the meeting will be approximately one business day. The Contractor shall make a brief presentation of their understanding of the contract requirements. After the presentation, the parties shall discuss basic contract requirements, including the schedule for testing and test procedures.

C.6 SPECIFIC REQUIREMENTS

C.6.1 Fully Operational Test Site

The Contractor shall possess and maintain a fully operational test site furnished with qualified technical personnel, facilities, and equipment necessary to perform the acquisition, inspection, compliance testing and reporting services in accordance with FMVSS No. 218, Motorcycle Helmets, and the terms and conditions of this contract for the full potential performance period outlined in Section F.2, Period of Performance. The Contractor’s fully operational test site shall be sufficiently staffed to perform and complete testing and associated inspections, and to generate and submit deliverables within the timeframe specified in Section F.4, Deliverables/Milestones.

C.6.2 Preliminary Documents

Within four (4) weeks of the effective date of the contract and prior to conducting any compliance tests, the Contractor shall provide one copy of the following documents to the COR:

• Contractor Test Procedure;

• Checklist for conducting compliance tests;

• Calibration procedure for instrumentation per the requirements stated in the OVSC Test Procedure (TP-218-07). The procedures shall explain how the Contractor implements and maintains its instrumentation calibration system in accordance with established calibration practices. The procedures shall comply with ISO 10012-1, Quality Assurance Requirements for Measuring Equipment, and American National Standard ANSI/NCSL Z540-1-199, Calibration Systems Requirements, and provide a written indication of compliance. All measuring and recording instruments and standards shall be calibrated by the Contractor, or by a commercial facility at the Contractor’s expense, against a higher order standard at periodic intervals as specified in TP-218-07.

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

1. Manufacturer name;

2. Model number;

3. Function of the item;

4. Calibration interval.

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

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

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

C.6.3 Compliance Testing

The Contractor shall conduct testing on GFTI and CPTI in accordance with the applicable parts of the OVSC Test Procedure TP-218-07 as specified below:

• Compliance Testing will typically be performed on 4 helmets; however due to helmet availability or other circumstances, the COR is authorized to direct the lab to perform Compliance Testing on 1, 2, 3, or 4 helmets.

• Labeling, Marking and Peripheral Vision Inspection: Inspection shall be conducted on each helmet sample to determine if the required labels are present permanent, legible, and contain the required information in the correct format and have the required appearance per Test Procedure Sections 12.5.4, 12.5.5 and 12.5.6.

• Impact Attenuation Tests: Testing shall be conducted on each helmet sample to determine its’ resistance to impact per Test Procedure Sections 12.6.1, 12.6.2, 12.6.3,

12.6.4 and 12.6.5.

• Penetration Tests: Testing shall be conducted on each helmet sample to determine its’ resistance to penetration per Test Procedure Sections 12.7.1, 12.7.2, 12.7.3 and 12.7.4.

• Retention Tests: Testing shall be conducted on each helmet sample to determine its’ retention system elongation per Test Procedure Sections 12.8.1, 12.8.2 and 12.8.3.

• Rapid Response Test: Rapid response testing and reporting shall be performed identically to standard compliance testing (in accordance with FMVSS No. 218 and TP-218-07) and reporting, with the exception that rapid response testing and reporting milestones and deliverables are accelerated. Rapid Response Testing will be performed on 1, 2, 3 or 4 helmets as determined by the COR.

• Single Sample FMVSS No. 218 Compliance Test: A FMVSS No. 218 compliance test on a single helmet sample (as opposed to the typical tests on four helmet samples, with one reserve spare helmet) shall be conducted in accordance with the procedures specified in Section C.6.12. The single helmet sample will be conditioned in accordance with any one of the procedures specified in S6.4 of FMVSS No. 218 as designated by the COR.

• Motorcycle Helmet Inspection: The Contractor shall furnish the necessary equipment and perform an inspection of the helmet’s liner, shell, and labeling in accordance with FMVSS No.

218. A test report, in the general format of a compliance report replacing impact attenuation, penetration, and retention system data with information about the liner and shell (such as thickness, compression characteristics) shall be generated for each helmet inspection.

C.6.4 Monthly Status Reports Monthly Status Reports shall be submitted to the COR and Contract Specialist indicating the status of all testing ordered, test reports, and test item inventory status (GFTI and CPTI), and shall be submitted no later than the 15th day of the month following the month being reported. If applicable, the report shall also include any problems or delays the Contractor experienced during the reporting period that are related to the supplies and services under this contract, and the specific action which the Contractor proposes to correct problems or delays identified. The Contractor shall continue to submit Monthly Status Reports until all of the Final Test Reports are accepted by the Government.

The reports shall be prepared in accordance with the OVSC Laboratory Test Procedure (TP-218-07).

The monthly report shall be in Adobe Acrobat Format (PDF), Microsoft Word, or Microsoft Excel format and submitted as specified in F.4, Deliverables/Milestones.

C.6.5 Project Management Reports Project Management Reports shall be submitted to the COR documenting information necessary to the successful completion of the testing program such as status of test item receipt, discrete size, manufacturer identification, test results, and report numbers in a fillable Microsoft Excel format established by the COR. The COR will return the spreadsheet with information essential for the testing of the test items such as the helmet positioning index (HPI). The Contractor shall e-mail the Project Management Reports weekly while test items are being received and tested. The Project Management Report may serve as the Monthly Status Report provided that it meets the requirements of section C.6.3.

C.6.6 Test Failure Reports The Contractor shall notify the COR by telephone or e-mail no later than the following business day of a test failure. The Contractor shall submit a written interim test failure report by e-mail no later than 2 business days after test failure. The failure reports shall be prepared in accordance with the OVSC Test Procedure (TP-218-07). The Contractor shall submit the failure report as specified in F.4. The failure report shall be in Microsoft Word or PDF format.

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

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

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

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

• allow meetings for the purpose of inspecting test samples and equipment at no additional cost to the Government.

C.6.7 Draft and Final Test Reports Draft test reports for inspection, standard compliance, and evaluation tests (other than rapid response tests) shall be submitted to the COR for review and acceptance within two (2) weeks of completion of all testing and inspection of each motorcycle helmet model. Draft test reports for rapid response tests shall be submitted within two (2) days after completion of each test. Within two (2) weeks of receiving the COR’s comments on the draft test reports, the Contractor shall submit the Final Test Report.

Final reports for compliance testing and inspection shall be prepared in accordance with this section and instructions contained in the OVSC Laboratory Test Procedures (TP-218-07). Final reports for other testing activities will be similar in format to the compliance test reports.

Final reports will be reviewed for technical and format errors. In the event a report is returned to the Contractor for correction/modification, the COR will not certify payment of a Contractor’s invoice until the final test report has been resubmitted and determined to meet contract requirements. In no event shall the return of a report for corrections be deemed to waive the Government’s right to specific performance under the contract.

Final test reports shall be submitted to the COR for approval within 2 weeks after the COR provides a response to a draft test report. The Contractor shall submit each Final Report in Adobe Acrobat format (PDF) as specified in F.4. The Contractor shall coordinate with the COR for incorporating approval signatures into the Final Reports.

C.6.8 Evaluation Testing

The Contractor shall furnish the necessary equipment and perform testing in accordance with the following:

• FMVSS No. 218 Impact Attenuation Test Using ISO Headforms. The Contractor shall furnish the necessary test equipment and perform this test on a set of four helmets in accordance with the impact attenuation test procedures specified in FMVSS No. 218 and TP- 218-07 using ISO test headforms in lieu of FMVSS No. 218 specified test headforms;

• FMVSS No. 218 Impact Attenuation Test Using ISO Headforms at Variable Impact Speeds. The Contractor shall furnish the necessary test equipment and perform this test on a set of four helmets in accordance with the impact attenuation test procedures specified in FMVSS No. 218 and TP-218-07 using ISO test headforms in lieu of FMVSS No. 218 specified test headforms and at various impact speeds up to and including 7.75 m/s;

• FMVSS No. 218 Retention System Test Using ISO Headforms. The Contractor shall furnish the necessary test equipment and perform this test on a set of four helmets in accordance with the retention system test procedures specified in FMVSS No. 218 and TP-218-07 using ISO test headforms in lieu of FMVSS No. 218 specified test headforms;

• Positional Roll-off Stability Test per ATSM F1446-06. The Contractor shall furnish the necessary test equipment and perform this test on a set of four helmets in accordance with the positional roll-off stability procedures for motorcycle helmets specified in ATSM F1446-06, “Standard Test Methods for Equipment and Procedures Used in Evaluating the Performance Characteristics of Protective Headgear”;

• Dynamic Test of the Retention System per ECE Regulation No. 22. The Contractor shall furnish the necessary test equipment and perform this test on a set of four helmets in accordance with the retention system test specified in the ECE 22-05, S7.6 “Dynamic Test of the Retention System”;

• Chin Bar Impact Attenuation Test per British Standard (BS) 6658:1985. The Contractor shall furnish the necessary test equipment and perform this test on a set of four helmets in accordance with the chin bar impact attenuation test specified in the British Standard (BS) 6658:1985, “Specification for Protective Helmets for Vehicle Users;

• Face Shield Penetration Test per ECE Regulation No. 22. The Contractor shall furnish the necessary test equipment and perform this test on a set of four helmets in accordance with the face shield penetration test specified in the ECE 22-05, S7.8.2 “Visor Test- Mechanical Characteristics”;

• Rigid Projections Test per ECE Regulation No. 22. The Contractor shall furnish the necessary expertise and facilities to receive, assemble, operate, and store the test apparatus and perform this test on a set of four helmets in accordance with the rigid projections test specified in the test procedures of the ECE Reg No. 22, “Uniform Provisions Concerning the Approval of Protective Helmets and their Visors for Drivers and Passengers of Motor Cycles and Mopeds” (Figure 1c of ECE R.22). The test equipment needed to perform the tests will be provided as Government Furnished Property (GFP);

• Quick-Release Mechanism Retention Test per BSI 6658. The Contractor shall furnish the necessary test apparatus and perform this test in accordance with the rigid projections test on a set of four helmets specified in the test procedures of the Economic Commission of Europe (ECE) Regulation No. 22, “Uniform Provisions Concerning the Approval of Protective Helmets and their Visors for Drivers and Passengers of Motor Cycles and Mopeds” (Figure 1c of ECE R.22);

• Helmet Rigidity Test per ECE Regulation No. 22. The Contractor shall furnish the necessary test apparatus and perform this test on a set of four helmets in accordance with the helmet rigidity test specified in the test procedures of the ECE Reg No. 22, “Uniform Provisions Concerning the Approval of Protective Helmets and their Visors for Drivers and Passengers of Motor Cycles and Mopeds”;

• High Speed Video of all Samples for any Single Test. The Contractor shall collect high speed video (minimum 500 frames per second) to capture testing in a format (.avi) compatible for viewing by NHTSA. Videos of every test sample within a set (typically, four helmets) for any single test by CLIN shall be recorded.

C.6.9 Testing Schedule

• The Contractor shall commence testing or inspection within ten (10) business days after receipt of CPTI or GFTI and the helmet positioning index for the sample, for the following test(s):

- FMVSS No. 218 Compliance Test

- Single Sample FMVSS No. 218 Compliance Test

- Motorcycle Helmet Inspection

• The Contractor shall commence testing within two (2) business days after receipt of CPTI or GFTI and test setup information for the following test(s): FMVSS No. 218 Rapid- Response Compliance Test

• The Contractor shall commence testing within twenty (20) business days after receipt of CPTI or GFTI, GFE, and as needed, any test setup information for the test item, for the following test(s):

- FMVSS No. 218 Impact Attenuation Test Using ISO Headforms

- FMVSS No. 218 Impact Attenuation Test Using ISO Headforms at Variable Impact Speeds

- FMVSS No. 218 Retention System Test Using ISO HeadformsPositional Roll-off Stability

Test per ATSM F1446-06

- Dynamic Test of the Retention System per ECE Regulation No. 22

- Chin Bar Impact Attenuation Test per British Standard (BS) 6658:1985

- Face Shield Penetration Test per ECE Regulation No. 22

- Rigid Projections Test per ECE Regulation No. 22

- Quick-Release Mechanism Retention Test per BSI 6658

- Helmet Rigidity Test per ECE Regulation No. 22

• The Contractor shall not deviate from this schedule unless authorized to do so by the

COR.

• At the request of the COR, the Contractor shall determine the helmet positioning index for the sample, at no additional cost to the Government.

• When required, the COR will provide test setup information to the Contractor.

C.6.10 Test Procedures

C.6.10.1 Compliance Testing

• TP-218-07 is attached (see Section J) and is made part of this contract.

• The testing procedures specified in FMVSS No. 218 and TP-218-07, which are made part of this contract, are referred to herein as the “OVSC Test Procedure”.

• The Contractor shall perform all work associated with:

- FMVSS No. 218 Compliance Test

- FMVSS No. 218 Rapid-Response Compliance Test

- Single Sample FMVSS No. 218 Compliance Test

- Motorcycle Helmet Inspection in accordance with the testing requirements of FMVSS No.

218, Motorcycle Helmets, and the Office of Vehicle Safety Compliance document TP-218-07, Laboratory Procedure for FMVSS No. 218 Motorcycle Helmets, dated May 13,2011.

C.6.10.2 Evaluation Testing

• The Contractor shall perform all work associated with FMVSS No. 218 Impact Attenuation Test Using ISO Headforms, FMVSS No. 218 Impact Attenuation Test Using ISO Headforms at Variable Impact Speeds, FMVSS No. 218 Retention System Test Using ISO Headforms, Positional Roll-off Stability Test per ATSM F1446-06, Dynamic Test of the Retention System per ECE Regulation No. 22, Chin Bar Impact Attenuation Test per British Standard (BS) 6658:1985, Face Shield Penetration Test per ECE Regulation No. 22, Rigid Projections Test per ECE Regulation No. 22, Quick-Release Mechanism Retention Test per BSI 6658, and Helmet Rigidity Test per ECE Regulation No. 22, in accordance with the specification and testing procedures specified in the applicable part described in Section C.6.10, Other Testing Activities. Minor deviations are permitted as specified by the NHTSA COR.

C.6.13 Test Items/Models

• For Reimbursement for CPTI, the Contractor shall acquire CPTI when directed by the Government.

• The Contractor shall only procure CPTI specified by the COR and identified by brand, model, size, quantity, and price. The COR may also provide contact information for a suggested source. The Contractor is not required to use the suggested source if a less expensive source for the same items can be identified. If the Contractor is only able to identify sources for the CPTI that charge more than the price identified by the COR, prior to placing the order for CPTI, the Contractor shall provide the COR with the updated cost for the CPTI. The COR will review the Contractor’s updated price information and either accept or reject the submission.

• Within 15 days of receiving the delivery order, or 15 days of the COR’s acceptance of the revised CPTI price (if required), the Contractor shall order CPTI. The COR will provide purchase identification information incrementally throughout the period of performance for the delivery order.

• The CPTI identified by the Government may be subject to change 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. Under these circumstances, the Contracting Officer may direct the Contractor to stop any acquisition of CPTI until the changed specifications are provided.

• The Contractor shall complete all transactions required to purchase the CPTI, including but not limited to, contacting suppliers to determine availability of test items, placing the purchase order for the CPTI, verifying that the correct type and quantity of test items are received for each purchase order placed, verifying the helmets are in new condition, resolving discrepancies with suppliers as necessary, and completing full payment with the appropriate source for the test items purchased.

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

• The fixed price service charge will be paid to the Contractor for each CPTI lot identified in the order. The Contractor’s invoice for reimbursement of test items purchased shall reflect the actual cost of the test items and shall include copies of the actual supplier invoices.

• Each delivery order will specify the number of motorcycle helmet models to be tested. At the beginning of the test program, the COR will submit the specific brands, models, and sizes of test items to be tested; however, the Government will not be bound by any plans, lists, matrices, or other preliminary data submitted to the Contractor regarding the types or models of motorcycle helmets planned for testing prior to initiation of the testing of each test item. The Contractor shall not substitute test items without approval from the COR. The Contractor shall, in accordance with the OVSC Test Procedure, test each model of motorcycle helmet provided as GFTI or procured as CPTI.

Prior to testing a specific model, the COR may substitute an alternate test item even after delivery of GFTI to the Contractor or purchase of CPTI by the Contractor. The Government may order additional test items.

C.6.14 Measurement and Test Equipment

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

o date and place of last calibration;

o date of next scheduled calibration;

o name of technician or commercial business performing the calibration;

o full scale measurement range;

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

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

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

C.6.15 Deviations from Test Procedures

• The Contractor shall only conduct testing for FMVSS No. 218 Compliance Test, FMVSS No. 218 Rapid-Response Compliance Test, Single Sample FMVSS No. 218 Compliance Test, and Motorcycle Helmet Inspection, in accordance with the OVSC Test Procedure and shall notify the COR if any deviations from the OVSC Test Procedure are anticipated. No testing shall be conducted until any requested deviations are approved by the COR.

• The Contractor shall only conduct testing for FMVSS No. 218 Impact Attenuation Test using ISO Headforms, FMVSS No. 218 Impact Attenuation Test Using ISO Headforms at Variable Impact Speeds, FMVSS No. 218 Retention System Test Using ISO Headforms, Positional Roll-off Stability Test per ATSM F1446-06, Dynamic Test of the Retention System per ECE Regulation No. 22, Chin Bar Impact Attenuation Test per British Standard (BS) 6658:1985, Face Shield Penetration Test per ECE Regulation No. 22 , Rigid Projections Test per ECE Regulation No. 22, Quick-Release Mechanism Retention Test per BSI 6658, and Helmet Rigidity Test per ECE Regulation No. 22, in accordance with the Test Procedures specified for those tests and shall notify the COR if any deviations from the Test Procedures are anticipated. No testing shall be conducted until any requested deviations are approved by the COR.

• The COR may require that minor deviations from the Test Procedures for testing associated with bullets one and two above be made as deemed necessary.

• Any problems or questions regarding the technical portion of this contract should be referred to the COR.

C.6.16 Storage/Disposition of Government Furnished Test Items (GFTI) and Contractor Purchased Test Items (CPTI)

• Tests items (motorcycle helmets) which have “passed” or “failed” compliance requirements shall be stored by the Contractor, at no additional cost to the Government, until receipt of disposition instructions by the COR. In all cases, the Contractor shall either destroy and dispose of, at no additional cost to the Government, all test items. In some cases, the COR may require the Contractor to ship test items to another location. If shipping from the Contractor site to another location is requested, shipping costs will be paid for by NHTSA by providing third party billing information. In no case, shall test items be sold or otherwise made available to the public or Contractor staff for use.

• Test items which have “passed” compliance requirements and any unused test items identical to the test items which have “passed” compliance requirements, shall typically be destroyed after all testing, inspection and reporting is completed and accepted unless the Contracting Officer or COR directs the Contractor to retain the used or unused samples.

• Test items which have “failed” compliance requirements and any unused test items identical to the test items which have “failed” compliance requirements, shall be stored by the Contractor (at no additional cost to the government) for 2 years after the test failure, or until the COR directs otherwise, whichever is less, at no additional cost to the Government. In no case shall test items be destroyed or disposed of until authorized by the COR.

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

(End of Section C)

F.1 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:

52.242-15 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 inclusive of one (1) two-year Base Period and one (1) three-year Option Period. All Option Periods may be exercised at the Government’s discretion.

Base Period (Contract Year 1): September 28, 2023 through September 27, 2024 Base Period (Contract Year 2): September 28, 2024 through September 27, 2025 Option Period (Contract Year 3): September 28, 2025 through September 27, 2026 Option Period (Contract Year 4): September 28, 2026 through September 27, 2027 Option Period (Contract Year 5): September 28, 2027 through September 27, 2028

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 DELIVERABLES / MILESTONES

F.4.1 Deliverables

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

SECTION F - DELIVERIES OR PERFORMANCE

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

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

Begin preparatory activities for the kick-off meeting (M) Immediately upon award

Kick Off Meeting Within 4 weeks of the effective date of contract award

2 C.6.2 COR review and either approval or questions of Preliminary Documents

Within 2 weeks of submission of Preliminary Documents

3 C.6.3 COR provides Contractor with Test Item Purchase Information As needed throughout the contract

DELIVERABLES

Item Section Number Deliverables Due Date

1 C.6.2 Contractor Submission of Preliminary Documents Within 4 weeks of contract award

2 F.6 Monthly Status Reports No later than the 15th day of the month following the month being reported

3 F.7 Project Management Reports Weekly while test items are being received and tested

3 C.6.5 Contractor notifies COR of receipt of test items (CPTI and GFTI)

Within 1 day of receipt of test items

4 F.8 Contractor provides initial notification of test failure to

COR

Within 1 day after test failure

5 F.8 Contractor provides Interim Failure Report Within 2 days after test failure

6 F.9 Contractor submits Final Test Reports

Draft Test Report for review/approval

Within 2 weeks after completion of each model test. For rapid response testing, within 2 days after completion of each test.

Final Test Report for review/approval

Within 2 weeks after COR reviews draft report.

For rapid response testing, within 2 weeks after COR reviews draft report.

MILESTONES

Item

Section Number

Milestone

Due Date

4 C.6.3 Contractor purchases test items Within 15 days after receiving test item information

5 C.6.3 Contractor begins testing Within 3 weeks after receipt of test item model.

For rapid response testing within 2 days of receipt.

6 C.6.9 Contractor completes testing In accordance with Contract test schedule

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

F.5 PLACE OF DELIVERY

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

TBD at time of award

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

TBD 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 MONTHLY STATUS REPORTS

Monthly Status Reports shall be submitted to the COR and Contracting Officer indicating the status of all testing ordered, test reports, and test item inventory status (GFTI and CPTI), and shall be submitted no later than the 15th day of the month following the month being reported.

If applicable, the report shall also include any problems or delays the Contractor experienced during the reporting period that are related to the supplies and services under this contract, and the specific action which the Contractor proposes to correct problems or delays identified. The Contractor shall continue to submit Monthly Status Reports until all of the Final Test Reports are accepted by the Government. The reports shall be prepared in accordance with the OVSC Laboratory Test Procedure (TP-218-07). The monthly report shall be in MS Excel format and submitted as specified in F.4.

F.7 PROJECT MANAGEMENT REPORTS

Project Management Reports shall be submitted to the COR documenting information necessary to the successful completion of the testing program, such as status of test item receipt, discrete size, manufacturer identification, test results, and report numbers in a fillable Microsoft Excel format established by the COR. The COR will return the spreadsheet with information essential for the testing of the test items, such as the helmet positioning index (HPI). The Contractor shall e-mail the Project Management Reports weekly while the test items are being received and tested. The Project Management Report may serve as the Monthly Status Report provided it meets the requirements of section F.6.

F.8 TEST FAILURE REPORTS

The Contractor shall notify the COR by telephone or e-mail no later than the following business day of a test failure. The Contractor shall submit a written interim test failure report by e-mail no later than 2 business days after test failure. The failure reports shall be prepared in accordance with the OVSC Test Procedure (TP-218-07). Contractor shall submit the failure report as specified in F.4. The failure report shall be in MS Word format.

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

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

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

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

• allow meetings for the purpose of inspecting test samples and equipment at no additional cost to the Government.

F.9 DRAFT AND FINAL TEST REPORTS

Draft test reports shall be submitted to the COR for review and acceptance within 2 weeks of completion of all phases of compliance testing and inspection of each motorcycle helmet. Final reports shall be prepared in accordance with instructions contained in the OVSC Test Procedure (TP-218-07). In the event a report is returned to the Contractor for correction/modification, the COR will not certify payment of a Contractor’s invoice until the final test report has been resubmitted and determined to meet contract requirements. In no event shall the return of a report for corrections be deemed to waive the Government’s right to specific performance under the contract. Final test reports shall be submitted to the COR for approval within 2 weeks after the COR provides a response to a draft test report. For quick reaction tests, draft test reports shall be submitted within 1 business day after completion of each model test and final test reports shall be submitted within 1 business day after COR provides a response to a draft report.

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

F.10 SPECIFICATIONS FOR ELECTRONIC FILES

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

• Electronic Master File:

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

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

• System Compatibility

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

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

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

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

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

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

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

F.11 COMPLIANCE WITH REHABILITATION ACT

The Contractor may be required to ensure that electronic documents it prepares will meet the requirements of Section 508 of the Rehabilitation Act. The Rehabilitation Act requires that all electronic products prepared for the Federal Government be accessible to persons with disabilities, including those with vision, hearing, cognitive, and mobility impairments. When an electronic document developed under this effort has been identified by NHTSA as necessary and required to meet the requirements of Section 508, it is understood that all reasonable costs incurred by the Contractor that are associated with meeting the requirements for Section 508 compliance will be fully reimbursed by the Government.

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

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