About this file

This document is a Request for Proposal (RFP) for Federal Motor Vehicle Safety Standard (FMVSS) No. 121, Air Brake Systems and FMVSS No. 136, Electronic Stability Control for Heavy Vehicles. The National Highway Traffic Safety Administration (NHTSA) is seeking a contractor to provide inspection, compliance testing, and reporting services to determine conformance of motor vehicles to the requirements of FMVSS No. 121 and FMVSS No. 136. This is an Indefinite Delivery, Indefinite Quantity (IDIQ), Firm Fixed-Price contract with Cost Reimbursement elements for vehicle lease costs and parts, calibration, and repairs. The contract has a 12-month base period, two 24-month option periods, and a 6-month option to extend services. Pricing is provided in the contract line items for full and partial FMVSS No. 121 and FMVSS No. 136 testing, as well as vehicle lease service charges and reimbursable costs. The due date for questions is 12PM Eastern on April 22, 2024, and the government will not be bound by any contractor's preliminary data or test schedules prior to delivery of the test vehicles.

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4. TYPE OF SOLICITATION 3. SOLICITATION NUMBER

RATING 1. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700)

5. DATE ISSUED

x x x x x x x x x x x x x

1-2 3-7 8-16 17-18 20-31 32-35 36-47

48-56

58-73 74-88 89-96

SOLICITATION, OFFER AND AWARD

2. CONTRACT NUMBER

PAGE OF PAGES

1 96

6. REQUISITION/PURCHASE NUMBER

693JJ924RQ000013

7. ISSUED BY CODE

National Highway Traffic Safety Adm Office of Acquisition Management 1200 New Jersey Avenue, S.E.

Washington DC 20590

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

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

SOLICITATION

9. Sealed offers in original and 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 depository located in until 1100 ES local time

(Hour)

05/13/2024 (Date)

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.

10. FOR

INFORMATION

CALL:

A. NAME

DEBASHIS NAG

B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS

debashis.nag.ctr@dot.govAREA CODE NUMBER EXT.

11. TABLE OF CONTENTS

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

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

A SOLICITATION/CONTRACT FORM I CONTRACT CLAUSES

B SUPPLIES OR SERVICES AND PRICES/COSTS PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

C DESCRIPTION/SPECS./WORK STATEMENT J LIST OF ATTACHMENTS

D PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS

E INSPECTION AND ACCEPTANCE K REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS F DELIVERIES OR PERFORMANCE

G CONTRACT ADMINISTRATION DATA L INSTRS., CONDS., AND NOTICES TO OFFERORS

H SPECIAL CONTRACT REQUIREMENTS M EVALUATION FACTORS FOR AWARD

OFFER (Must be fully completed by offeror)

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

12. In compliance with the above, the undersigned agrees, if this offer is accepted within 0 calendar days (60 calendar days unless a different period is inserted 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 designated point(s), within the time specified in the schedule.

AWARD (To be completed by government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

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

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

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

26. NAME OF CONTRACTING OFFICER (Type or print)

Reba Dyer

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

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

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

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

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232.8)

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

14. ACKNOWLEDGEMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

AMENDMENT NO. DATE AMENDMENT NO. DATE

15A. NAME

AND

ADDRESS

OF

OFFEROR

CODE FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

15B. TELEPHONE NUMBER 15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AREA CODE NUMBER EXT.

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED

693JJ924R000012

PAGE OF

2 96

NAME OF OFFEROR OR CONTRACTOR

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

00001

Title: FMVSS No. 121 and FMVSS No. 136 Compliance Testing Program

Initiate Small Business Review to support new Request for Proposal for a contract to conduct compliance testing to FMVSS No. 121, "Air Brakes" and FMVSS No. 136, "Electronic Stability Control for Heavy Vehicles"

Award is subject to availability of funds.

Delivery Location Code: DOT/NHTSA

DOT/NHTSA

1200 New Jersey Ave SE Washington DC 20590 USA

FOB: Destination

Conduct compliance testing to FMVSS No. 121, "Air Brakes" and FMVSS No. 136

Period of Performance: TBD

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

REQUEST FOR PROPOSAL (RFP)

FMVSS No. 121, Air Brake Systems & FMVSS No. 136, Electronic Stability Control for Heavy Vehicles

SOLICITATION #693JJ924R000012

PART I - THE SCHEDULE

B.1 SUPPLIES/SERVICES

B.1.1 Supplies/Services – The Contractor shall provide the necessary qualified personnel, facilities, materials, supplies, equipment, and services, except as identified in Section H.3, Government Furnished Property, to perform the inspection, compliance testing and reporting services to determine conformance with the performance requirements of the Federal Motor Vehicle Safety Standard (FMVSS) No. 121, Air Brake Systems and FMVSS No. 136, Electronic Stability Control for Heavy Vehicles.

B.1.2 Contract Type – This is an Indefinite Delivery, Indefinite Quantity (IDIQ), Firm Fixed- Price (FFP) Contract with Cost Reimbursement elements for the following items: (1) Lease Cost of Vehicle; and (2) Parts, Calibration, and Repairs.

B.2 MINIMUM/MAXIMUM OBLIGATIONS

B.2.1 Minimum obligation – Upon execution of the IDIQ Contract, the Government hereby orders the supplies and services of the Known Requirements identified in Price Schedule B.3.3 in the amount of $TBD at award. This amount represents the “minimum obligation of the Government.”

B.2.2 Maximum obligation – The Contractor shall be obligated to provide services and support up to the total not-to-exceed amounts specified in Price Schedules B.3.4 through B.3.8.

The overall IDIQ contract ceiling amount is $TBD at award. The ceiling amount may be increased upon execution of a bilateral modification.

B.3 CONTRACT PRICES

B.3.1 Contract Term - All work and services required hereunder shall not exceed 60 months from the effective date of the contract inclusive of one (1) 12-month base periods and two (2) 24-month option periods that may be exercised at the Government’s discretion, subject to the provisions in Section I.

Except for the known requirements identified in B.3.3, the government is not under any obligation to order any additional services under this contract. The Government reserves the right to increase the quantities of testing services provided under this contract up to the “Total Not- To-Exceed” amount specified for each contract period. Optional quantities, if required by the Government, will be exercised in the form of delivery orders.

B.3.2 Contract Line Items - The Price Schedules includes the following Contract Line Items identified below:

B.3.2.1 FMVSS No. 121, Air Brake Systems

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.3.2.2 FMVSS No. 136, Electronic Stability Control for Heavy Vehicles B.3.2.3 Vehicle Lease Service Charge (per Vehicle) B.3.2.4 Vehicle Lease Cost B.3.2.5 Parts, Calibration, and Repairs

B.3.3 PRICE SCHEDULE – BASE PERIOD (CONTRACT YEAR 1) – KNOWN

REQUIREMENTS

Period of Performance: Month TBD, 2024 through Month TBD, 2025

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

CLIN Description Quantity Fixed Unit Price

Extended Price

0000 One (1) Kick-Off Meeting as described in Section C.4 1 TBD TBD

0001 FMVSS No. 121 Full Test 4 TBD TBD

0002 FMVSS No. 136 Full Test 4 TBD TBD

0003 FMVSS No. 136 Partial Test 4 TBD TBD

0004 Vehicle Lease Service Charge (per Vehicle) 4 TBD TBD

0005 * Reimbursement Lease Cost of Vehicle CPTI TBD: Actual cost of test items

0006 * Reimbursement Parts, Calibration, and Repairs CPTI TBD: Actual cost of test items

* Reimbursement CPTI Contract Line Item Numbers (CLINs) (0005, 0006, 1005, 1006, 2005, 2006, 3005, 3006, 4005, 4006, 5005 and 5006) are cost reimbursement CLINs for this contract and any subsequent Delivery Order. At Delivery Order issuance, the Contractor will provide the Government with an estimate for the cost reimbursement CLINs (if applicable). The Delivery Order will identify the vehicle manufacturer and model, model year, delivery requirements, and estimated lease costs, parts, calibration, or repairs. The cost of obtaining the cost reimbursement items will be the actual cost paid by the Contractor to the vehicle leasing company for the test vehicle leases (plus any associated shipping and handling costs, as applicable) along with the firm fixed price service charge (CLINs 0004, 1004, 2004, 3004, 4004, and 5004). 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 items 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.3.4 PRICE SCHEDULE – OPTION PERIOD 1 (CONTRACT YEAR 2) – OPTIONAL Quantities

Period of Performance: Month TBD, 2025 through Month TBD, 2026

CLIN Description Fixed Unit Price

Order Qty 1 - 5

Order Qty 6 - 10

1001 FMVSS No. 121 Full Test TBD TBD

1002 FMVSS No. 136 Full Test TBD TBD

1003 FMVSS No. 136 Partial Test TBD TBD

1004 Vehicle Lease Service Charge (per Vehicle) TBD TBD

1005 * Reimbursement Lease Cost of Vehicle CPTI TBD: Actual cost of test items

TBD: Actual cost of test items

* Reimbursement Parts, Calibration, and Repairs CPTI

TBD: Actual cost of test items

TBD: Actual cost of

B.3.5 PRICE SCHEDULE – OPTION PERIOD 1 (CONTRACT YEAR 3)

Period of Performance: Month TBD, 2026 through Month TBD, 2027

Order Qty 1 - 5

Order Qty 6 - 10

2001 FMVSS No. 121 Full Test TBD TBD

2002 FMVSS No. 136 Full Test TBD TBD

2003 FMVSS No. 136 Partial Test TBD TBD

2004 Vehicle Lease Service Charge (per Vehicle) TBD TBD

2005 * Reimbursement Lease Cost of Vehicle CPTI TBD: Actual cost of test items

TBD: Actual cost of test items

* Reimbursement Parts, Calibration, and Repairs CPTI

TBD: Actual cost of test items

B.3.6 PRICE SCHEDULE – OPTION PERIOD 2 (CONTRACT YEAR 4)

Period of Performance: Month TBD, 2027 through Month TBD, 2028

Order Qty 1 - 5

Order Qty 6 - 10

3001 FMVSS No. 121 Full Test TBD TBD

3002 FMVSS No. 136 Full Test TBD TBD

3003 FMVSS No. 136 Partial Test TBD TBD

3004 Vehicle Lease Service Charge (per Vehicle) TBD TBD

3005 * Reimbursement Lease Cost of Vehicle CPTI TBD: Actual cost of test items

TBD: Actual cost of test items

* Reimbursement Parts, Calibration, and Repairs CPTI

TBD: Actual cost of test items

B.3.7 PRICE SCHEDULE – OPTION PERIOD 2 (CONTRACT YEAR 5)

Period of Performance: Month TBD, 2028 through Month TBD, 2029

Order Qty 1 - 5

Order Qty 6 - 10

4001 FMVSS No. 121 Full Test TBD TBD

4002 FMVSS No. 136 Full Test TBD TBD

4003 FMVSS No. 136 Partial Test TBD TBD

4004 Vehicle Lease Service Charge (per Vehicle) TBD TBD

4005 * Reimbursement Lease Cost of Vehicle CPTI TBD: Actual cost of test items

TBD: Actual cost of test items

* Reimbursement Parts, Calibration, and Repairs CPTI

TBD: Actual cost of test items

B.3.8 PRICE SCHEDULE – OPTION TO EXTEND SERVICES Six Months (CONTRACT YEAR 5)

Period of Performance: Month TBD, 2029 through Month TBD, 2030

CLIN Description Fixed Unit Price

Order Qty 1 - 5

Order Qty 6 - 10

5001 FMVSS No. 121 Full Test TBD TBD 5002 FMVSS No. 136 Full Test TBD TBD 5003 FMVSS No. 136 Partial Test TBD TBD

Vehicle Lease Service Charge (per Vehicle)

TBD TBD

* Reimbursement Lease Cost of Vehicle

CPTI

TBD: Actual cost of test items

TBD: Actual cost of test items

* Reimbursement Parts, Calibration, and Repairs CPTI

TBD: Actual cost of test items

(End of Section B)

C.1 ACRONYMS AND DEFINITIONS

C.1.1 Acronyms

ACOR Alternate Contracting Officer’s Representative COR Contracting Officer’s Representative DO Delivery Order DOT Department of Transportation FMVSS Federal Motor Vehicle Safety Standards ISO International Organization for Standardization MS Milliseconds 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 VIN Vehicle Identification Number

C.1.2 Definitions

Day: Refers to calendar day, unless otherwise specified.

Government Furnished Property (GFP): Refers to tangible property owned or acquired by the Government and subsequently provided to a contractor for use in the performance of the contract. This property can include equipment, tools, machinery, vehicles, and other materials necessary for a contractor to carry out their contractual obligations. The Government is the owner of all GFP.

Government Furnished Test Items (GFTI): Refers to furnished materials that are provided to a contractor by the Government which are consumed or expended in performing a contract and associated with a deliverable line item. The Government is the owner of all GFTI.

Contractor Acquired Property (CAP): Refers to tangible property that is acquired or purchased by a contractor for use in the performance of a government contract. CAP can include equipment, tools, machinery, vehicles, and other materials necessary for a contractor to carry out their contractual obligations. Title to CAP vests with the Government except for test items acquired by the contractor following a Non-Conforming Test (refer to Section H.2).

Contractor Purchased Test Items (CPTI): Refers to items that are purchased by a contractor for the purpose of conducting test required under a government contract. CPTI is treated as GFTI after a contractor receives reimbursement.

Test Failure: Refers to testing that the Contractor conducted correctly, but the item (vehicle) being tested failed to meet the standards prescribed in FMVSS No. 121 or FMVSS No. 136. Refer to Section F.11 for instructions on how test failures are handled.

SECTION C - DESCRIPTION/SPECIFICATIONS/ STATEMENT OF WORK

Test Passed: Refers to testing that the Contractor conducted correctly, and the item (vehicle) being tested met the standards prescribed in FMVSS No. 121 or FMVSS No. 136.

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.

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, NHTSA promulgates Federal Motor Vehicle Safety Standards (FMVSS). Manufacturers of motor vehicles and 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 in FMVSS No. 121, Air Brake Systems and FMVSS No. 136, Electronic Stability Control Systems for Heavy Vehicles.

FMVSS No. 121, Air Brake Systems, establishes minimum performance and equipment requirements for braking systems on vehicles equipped with air brake systems and also helps to insure safe braking performance under normal and emergency conditions. FMVSS No. 136, Electronic Stability Control Systems for Heavy Vehicles, establishes minimum performance and equipment requirements for electronic stability control (ESC) on heavy vehicles and helps reduce crashes caused by rollover or by directional loss-of-control. Compliance Testing for both FMVSS No. 121 and FMVSS No. 136 are non-destructive.

C.3 GENERAL REQUIREMENTS

The Contractor shall furnish qualified technical personnel, facilities, and equipment to perform inspection, compliance testing, and reporting services to determine conformance of motor vehicles to the requirements of the FMVSS No. 121, Air Brake Systems and FMVSS No. 136, Electronic Stability Control Systems for Heavy Vehicles. At the time of award, the Contractor shall have all necessary personnel, facilities, and equipment to perform under the Contract, unless stated otherwise in Section H.3 “Government Furnished Test Items/Property” or H.13 “Contractor Acquired Property/Contractor Purchased Test Items.” The Contractor shall perform and complete testing and associated inspections within the time specified in the Delivery Schedule, Section F.4, and shall submit deliverables as required by the Schedule.

C.4 KICK-OFF MEETING

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

No later two (2) weeks of the effective date of the contract award, the Contractor shall participate in a kick-off meeting with the Contracting Officer’s Representative (COR), Contracting Officer (CO), and other NHTSA staff. The kick-off meeting may take place virtually via teleconference or on-site at the Contractor’s testing facility. If the kick-off meeting is held via teleconference, then the meeting will be approximately two hours in length. If the kick-off meeting is held at the Contractor’s site, then the meeting will be approximately half of 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.5 SPECIFIC CONTRACT REQUIREMENTS

C.5.1 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 inspection, compliance testing, and reporting services in accordance with FMVSS No. 121, Air Brake Systems and FMVSS No. 136, Electronic Stability Control Systems for Heavy Vehicles, and the terms and conditions of this contract for the full performance period outlined in Section F.2, Period of Performance. The Contractor’s fully operational test site shall be sufficiently staffed to perform and complete testing and associated inspections, and to generate and submit deliverables within the timeframe specified in Section F.4, Deliverables/Milestones Schedule.

C.5.2 Preliminary Documents

No later than four (4) weeks after the effective date of the contract, the Contractor shall provide one copy of the following documents to the COR:

Contractor Test Procedure checklist;

Test Schedule;

Calibration procedure for instrumentation. 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; and

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; and

(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 approved no later than two (2) weeks after receipt by the

COR.

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.

C.5.3 Test Schedule

The Contractor shall submit a test schedule to the COR prior to testing. Tests shall be completed as required in the contract (see Section F.9). Test schedules shall be adjusted to permit motor vehicles to be tested to other FMVSS and to allow attendance by other interested parties as may be required by the Government.

All testing shall be coordinated to allow monitoring by the COR.

C.5.4 Test Procedures

The Contractor shall perform all applicable work in accordance with the testing requirements of FMVSS No. 121, Air Brake Systems and FMVSS No. 136, Electronic Stability Control Systems for Heavy Vehicles, and the applicable OVSC Test Procedure (TP). The applicable TPs are listed in Section J and are incorporated into this contract. Specific contract requirements supersede all requirements in the Office of Vehicle Safety Compliance Test Procedures (TPs) incorporated by reference in Section J. If there is a conflict between the OVSC TP and the requirements of the contract, the contract shall prevail.

Detailed “in-house” check-off-sheet style test procedures created by the Contractor will be referred to hereinafter as “Contractor Test Procedures.” Contractor Test Procedures are subject to the COR approval (see Section C.5.2).

In addition to meeting the requirements of FMVSS No. 121, Air Brake Systems and FMVSS No. 136, Electronic Stability Control Systems for Heavy Vehicles, and the applicable OVSC Test Procedures listed in Section J, the Contractor shall follow its internal Quality Assurance/Quality Control (QA/QC) management plans addressed in Section F.6 of this contract.

C.5.5 Pilot Test Program

During the Base Period of the Contract, the Contractor shall utilize its draft detailed in-house test procedure and check-off list to conduct a Pilot Test Program to validate the procedure. The Pilot Test Program will involve utilizing the Contractor draft in-house test procedure to execute FMVSS No. 121 or FMVSS No. 136 testing on several test vehicles as specified by the COR. Upon completion of this pilot testing, the Contractor will utilize lessons learned during the pilot testing to finalize its in-house test procedure. Validation of the contractor’s draft in-house test procedure is critical before finalization.

C.5.6 Test Vehicles

Under this contract, test vehicles may be provided by the Government (GFP), or, at the option of the

Government, the Contractor may be required to acquire leased test vehicles (CAP). The Government will specify within each delivery order whether the Contractor should lease the required vehicles for testing.

If GFP is being used, the Contractor shall inspect GFP vehicles for condition and completeness immediately upon delivery at the Contractor’s point of receipt. The Contractor shall be responsible for the storage and security of all vehicles from receipt until sale or transfer from its facility as instructed by the COR.

The Contractor is responsible for accepting test vehicles from automobile dealers/distributors or vehicle transporters, including government-contracted transporters.

If a vehicle is delivered by a dealer/distributor or a vehicle transporter (not a government-contracted transporter), the Contractor shall verify the following:

Tires and wheel rims are new;

There are no dents or other interior/exterior flaws to the vehicle body;

The vehicle has been properly prepared and is in running condition;

The glove box contains an owner’s manual, warranty document, consumer information, and an extra set of keys;

Proper fuel filler cap is supplied on the vehicle;

All options listed on the “window sticker” are present on the test vehicle; and

The VIN (vehicle identification number) on the vehicle condition report matches the VIN on the vehicle.

If a vehicle is delivered by a government-contracted transporter, the Contractor shall check for damage which may have occurred during transit and verify that the VIN on the vehicle condition report matches the VIN on the vehicle.

The Contractor shall notify the COR via email no later than 24 hours after of receipt of a test vehicle.

A “Vehicle Condition” Form will be supplied to the Contractor by the COR for each test vehicle transferred from the dealer/distributor, test facility, or between NHTSA test contracts. The upper half of the form describes the vehicle in detail and is to be completed at the time of vehicle receipt. The lower half provides space for a detailed description of the post-test condition and is to be completed at the conclusion of the test. Vehicle Condition Forms must be returned to the COR in accordance with Section F.4 and F.13 along with copies of the Final Test Report. Failure to submit the required Vehicle Condition Form will result in rejection of the Final Test Report.

The Government will determine the sequence in which vehicles are to be tested and the sequence for each specific procedure and will not be bound by any plans, lists, matrices, or other preliminary data submitted to the Contractor prior to delivery of the vehicles. Prior to testing, the Contractor shall provide the test schedule required in Section C.5.3. and verify with the COR the proper sequence and procedures for the test vehicles.

Tested vehicles shall be stored in a secure location that provides protection against theft and adverse weather. The Contractor also shall store the vehicle until disposition instructions are provided by the

Test vehicle(s) shall not be driven by the Contractor on public roadways, unless written permission is provided by the NHTSA COR.

The Contractor shall make all vehicle preliminary compliance test data available to the COR no more than one (1) hour after the completion of a test. Final test data, including digital printouts and computer-generated plots, shall be furnished to the COR no more than five (5) business days after test completion. Additionally, the Contractor shall analyze the preliminary test results as directed by the COR in the event of a test anomaly.

Testing information including, but not limited to, all backup data sheets, recordings, plots, and technicians’ notes shall be either sent to the COR or destroyed at the conclusion of each delivery order as directed by the COR.

The Contractor shall protect and segregate the data that evolves from compliance testing before and after each vehicle test.

C.5.7 Measurement and Test Equipment

The Contractor shall implement and maintain a calibration system in accordance with this contract and applicable TPs.

Before the Contractor initiates safety compliance testing, a measuring and test equipment calibration system shall be implemented and maintained in accordance with this contract and applicable OVSC test procedures.

The calibration system shall be set up and maintained as follows:

The system shall include standards for storing and using calibrated measuring and test equipment under appropriate environmental conditions to assure their accuracy and stability.

All measuring and test equipment shall be calibrated by the Contractor, or by a commercial facility at the Contractor’s expense, against -industry standards at intervals not exceeding 12 months for equipment.

Records showing the calibration traceability to the National Institute of Standards and

Technology (NIST) shall be maintained for all measuring and test equipment.

All measuring and test equipment and measuring standards shall be labeled with the following information:

(1) Date of calibration,

(2) Date of next scheduled calibration, and

(3) Name of the technician who calibrated the equipment.

A written calibration procedure shall be provided by the Contractor shall include, as a minimum, the following information for all measuring and test equipment:

(1) Type of equipment, manufacturer, and model number

(2) Measurement range,

(3) Accuracy,

(4) Calibration interval,

(5) Type of standard used to calibrate the equipment (calibration traceability of the standard must be evident), and

(6) The actual procedures and forms used to perform the calibrations.

Records of calibration for all measuring and test equipment shall be kept by the Contractor in a manner that assures the maintenance of established calibration schedules. All such records shall be readily available for inspection when requested by the COR. The calibration system procedures must be accepted by the COR before the test program commences.

Measuring and test equipment shall receive a calibration check immediately prior to a test and a calibration check immediately after the test. This check shall be recorded by the test technician(s) and submitted with the final report.

The COR may require the Contractor to evaluate its data acquisition system to demonstrate ability to meet procedural requirements.

Further guidance is provided in the International Standard ISO 10012-1, “Quality Assurance Requirements for Measuring Equipment” and American National Standard ANSI/NCSL Z540-1, “Calibration Laboratories and Measuring and Test Equipment - General Requirements.”

NOTE: In the event of a failure of a test item to meet the standard’s minimum performance requirements, as outlined in the TPs found under Section J (List of Attachments), the COR may require additional calibration checks of critically sensitive test equipment and instrumentation to verify accuracy. The necessity for the calibration will be at the COR’s discretion and shall be performed without additional cost to the Government.

C.5.7.1 Trailer

The Contractor shall provide a Control Trailer that has a length of at least 6,400mm (252 inches), but no more than 7,010 mm (276 inches) in accordance with 49 CFR 571.136 S6.3.5.

C.5.7.2 Outriggers

The Contractor shall provide outriggers in accordance with 49 CFR 571.136 S6.3.6.

C.5.7.3 Truck Tractor Anti-Jackknife System

The Contractor shall provide Anti-Jackknife System in accordance with 49 CFR 571.136 S6.3.8.

C.5.8 Deviation from OVSC Test Procedures

The Contractor shall conduct testing only in accordance with the OVSC Test Procedure, the applicable FMVSS, and the Contractor’s approved in-house Test Procedure. The Contractor shall notify the COR, in advance, of any deviations from applicable test procedures or standards are anticipated. The Contractor must receive approval from the COR prior to initiating any deviations from the applicable test procedures or standards. The COR is authorized to approve such deviations as long as that deviation does not affect the prices stated in this contract.

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

C.5.9 Storage/Disposition of Government Furnished Test Items (GFTI) and Contractor Purchased

Test Items (CPTI)

The Contractor shall store all CAP/CPTI and GFP/GFTI until receipt of disposition instruction from the Government (see Section H.14). Storage and disposal costs must be included in the test prices set forth in Sections B.3.1 through B.3.7.

If storage of CAP/CPTI on an on-going basis requires any vehicle lease to be renewed, the Contractor shall consult with the COR prior to renewing any lease.

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

COR.

Any GFTI or CPTI involved in a compliance test failure shall be tagged and identified by each specimen’s test phase, test date, detailed reason for the failure, etc., and retained by the Contractor pending the receipt of disposition instructions. Typically, disposition instructions will be provided by the COR via e-mail after all testing, inspection and acceptance of the final test report has been completed for passed items, and after a period of 2 years for failed items. If the 2-year period runs past the expiration date of the contract, Contractor shall ship the failed items to a location as instructed by the COR.

(End of Section C)

D.1 PACKAGING AND MARKETING

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).

Deliverables will be submitted using an OVSC developed software application or via OVSC authorized portal, at NHTSA’s option. Also, 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

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 2010. 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 2010 or similar format 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 (DO) 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

SECTION D - PACKAGING AND MARKING

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. Photo submissions on this solicitation shall be e-mailed to Debashis Nag at nhtsaOAM@dot.gov .

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 copyright laws restrict use of many of these images even if this is not expressly indicated at the website. Additionally, the resolution of most web-based images is not high enough to provide a clear image when published. For these reasons, web-based images should not be used.

(End of Section D)

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

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

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

Federal Acquisition Regulation (FAR) Clauses:

52.246-3 Inspection of Supplies – Cost-Reimbursement (MAY 2001) 52.246-4 Inspection of Services – Fixed Price (AUG 1996) 52.246-5 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 and in each Delivery Order placed under 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 E - INSPECTION AND ACCEPTANCE

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 66 months from the effective date of the contract inclusive of one (1) 12-month Base Period, two (2) 24-month Option Periods and a six (6) month Option to Extend Services that may be exercised at the Government’s discretion subject to the provisions in Section I.

Base Period (12 Months): TBD – TBD Option Period 1 (24 Months): TBD – TBD Option Period 2 (24 Months): TBD – TBD Option to Extend Services (6 Months): TBD – TBD

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

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, except for calibration services.

F.4 PERFORMANCE MILESTONES AND DELIVERABLES

All deliverables shall be submitted to the COR in accordance with the schedule specified below.

File formats shall meet the compatibility requirements of Section F.12.2, Specifications for Electronic Files. The following is a list of all deliverables and milestones which are considered to be significant in the performance of this contract. (Note: days are defined to mean business days).

All milestones and deliverables listed below shall also be performed and delivered under each

SECTION F - DELIVERIES OR PERFORMANCE

SOLICITATION #693JJ924R000012

issued delivery order.

MILESTONES

Item No.

Section Number

Milestone (M) /Deliverable (D) Due Date

1 C.4 Begin preparatory activities for the kick-off meeting (M)

Immediately upon award.

Kick-off Meeting (M) No later than 2 weeks after the effective date of the contract.

2 F.6 Quality Assurance/Quality Control (QA/QC) Management Plan (D)

No later than 2 weeks after the effective date of the contract.

3 F.7 Test Instrumentation/Equipment Calibration System Procedures (D)

No later than 2 weeks after the effective date of the contract.

4 F.8 Contractor’s In-House Laboratory Test Procedure for FMVSS No. 121 and FMVSS No. 136 (D)

Draft – At least 2 weeks prior to conducting the first test during the Base Period (pilot testing program only).

Final – At least 2 weeks prior to conducting the first test after the Base Period.

5 F.9 Testing Schedule (D) No later than 1 week after receipt of test item/vehicle

6 F.9 Test Conduct (M) No later than 2 weeks after receipt of test item/vehicle.

7 F.11 Test Failure Report (D) Summary notification no later than 4 hours of the failure.

Written notification, including the relevant data listed in Section F.11 no later than one (1) business day following the failure.

8 F.12 Draft Final Test Report in electronic format (D)

No later than 14 days after completion of test

9 F.12 Final Test Report, Film, and Data Tape (D)

No later than 7 days after receipt of COR’s comments on Draft Final Test Report.

10 F.13 Vehicle Condition Report (D) Pre-test condition report to be provided no later than one (1) week after receipt of a test vehicle. Post-test condition report to be submitted with each Final Test Report.

11 F.10 Monthly Project Reports (D) No later than the 15th day of each month, following the month being reported.

F.5 PLACE OF DELIVERY

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

Item No.

Address

All Items

Contracting Officer's Representative (COR) for the Contract (Name and Address to be provided at time of Contract Award)

All Items

Contracting Officer's Representative (Delivery Order) (Name and Address to be provided in each awarded Delivery Order)

NOTE: OVSC is in the process of developing a portal-based tool through which deliverables and other communications between lab personnel and COR shall be conducted. When that system is launched, the electronic submission of deliverables shall be made through the lab portal; the lab will be provided with one or more passwords to maintain access to the designated system.

The Contractor shall submit to the COR a final report, photographs, electronic data, and video for each test performed under this contract.

If the test procedure does not specify video coverage, then video is not a required deliverable. The specifications for the final report are described in Section F.12.1.

The specifications for the video are described in Section H.16, unless specified by the applicable test procedure.

F.6 QUALITY ASSURANCE QUALITY CONTROL (QA/QC) MANAGEMENT PLAN

No later than two (2) weeks after the effective date of the contract, the Contractor shall provide the COR with an update to its QA/QC Management Plan that was originally submitted as part of its technical proposal. The updated plan shall reflect any changes made since submission of the original. Revisions to the plan shall be submitted to the COR as they occur. If the Contractor submitted a plan as part of its proposal, instead of a certification per ISO or A2LA, the entire QA/QC plan shall be submitted per section F.4, Milestones and Deliverables, item #2.

F.7 TEST INSTRUMENTATION/EQUIPMENT CALIBRATION PROCEDURES

No alter than two (2) weeks after the effective date of the contract, the Contractor shall provide a copy of its calibration procedures. The procedures shall explain how the Contractor implements and maintains its instrumentation calibration system in accordance with established calibration practices. The procedures shall indicate whether the system complies with ISO 10012-1, ANSI/NCSL Z540-1 or other standard criterion and shall address the minimum requirements identified in the FMVSS TPs. (See C.5.2 for further description of the required procedure.)

F.8 CONTRACTOR’S IN-HOUSE LABORATORY TEST PROCEDURES

Prior to conducting the first FMVSS No. 121 or FMVSS No. 136 test, the Contractor shall provide the COR with a detailed draft of the in-house test procedures and check-off lists. The test procedures shall include a step-by-step process to be used to document the procedures required by FMVSS No. 121 and FMVSS No. 136.

At a minimum, test procedures shall include general requirements, a list of test equipment, photograph requirements, pre- and post-test requirements, test execution process, and data sheets.

The OVSC Test Procedure is available for the Contractor to use as guidance for development of its draft in-house procedures. The check-off lists shall document the step-by-step test execution process and should be used in conjunction with the test procedures. The test technician shall use check-off lists to document the completion of each step within the test procedure to ensure every step is completed in the proper sequence as required. Provisions for issuance and control of the Contractor’s test procedures and check-off lists shall be addressed within its QA/QC management plan.

During the base period of the contract, the Contractor shall utilize its draft detailed in-house test procedure and check-off list to conduct a pilot test program to validate the procedure. The pilot test program will involve utilizing the Contractor draft in-house test procedure to execute FMVSS No. 121 or FMVSS No. 136 testing on several test vehicles as specified by the COR. Upon completion of this pilot testing, the Contractor will utilize lessons learned during the pilot testing to finalize its in-house test procedure. Since this test program is new to OVSC, validation of the contractor’s draft in-house test procedure is critical before finalization.

F.9 TEST SCHEDULE/CONDUCT

No later than one (1) week after receipt, inspection and acceptance of a test vehicle, the Contractor shall provide a test schedule to the COR. No later than two (2) weeks after receipt of each test vehicle, the Contractor shall begin testing. Test dates may be adjusted when multiple vehicles are being tested concurrently at the discretion of the COR.

F.10 MONTHLY PROJECT REPORTS

Monthly project reports shall be submitted to the COR, Contracting Officer, and the Contract Specialist indicating the status of all testing services, including test reports, GFP received, and disposal status for the calendar month, and shall be submitted no 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:

Vehicle make, model, model year and the vehicle number assigned by OVSC (NHTSA number), Date of vehicle receipt, Date of vehicle condition report, Number of tests, inspections, and reports scheduled for the reporting period and completed during the reporting period, Schedule for tests (that includes the scheduled test date, actual test date, pass/fail, draft report submission date, final report submission date, invoice submission date, and date of vehicle transfer (if applicable)), 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, and

Specific action which the Contractor proposes to correct problems or delays identified. The report shall be submitted electronically in PDF format via e-mail.

F.11 TEST FAILURE REPORTS

No later than 4 hours after a test failure, the Contractor shall provide summary notification of that failure to the COR. This summary notification may be transmitted via telephone or e-mail.

No later than one (1) business day following the test failure, the Contractor shall provide the COR with a written notification that includes the following information: FMVSS No., test date, laboratory, contract number, project engineer’s name, vehicle make, vehicle model, vehicle model year, NHTSA number, VIN, vehicle build date, test failure description, relevant data (plots, values, etc.) section of the standard failed, date of notification of COR, and the name of the individual that notified the COR. A sample form will be provided, upon request, by the

F.12 DRAFT AND FINAL TEST REPORTS

A Draft Final Test Report must be submitted electronically to the COR no later than 14 days after completion of each compliance test. During the Base Period when the Contractor is executing the Pilot Test Program (see Section F.8), the test reports completed will be identified as “Indicate Compliance Tests”. After the Base Period, and completion of the Pilot Test Program, the test reports will be identified as “Compliance Tests”.

The test reports and included content shall comply with the NHTSA TP. The organization and included content of test data sheets in the report shall be consistent with the NHTSA TP. Test reports that do not meet NHTSA TP requirements will be returned to the Contractor for correction The Contractor must submit a Final Test Report, Film, and Data Tape no later than 7 days after receipt of the COR’s comments on the Draft Final Test Report. If the 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.

NHTSA may withhold payment of a contractor’s invoice until the Final Test Report is approved by the COR.

F.12.1 Electronic Test Reports

The first four pages of the Final Test Report shall be in the following format:

FRONT COVER

The information required on the cover is as follows:

A. Final Report Number such as 121_ABC_0X_001, where:

121 FMVSS tested ABC initials for the laboratory 0X Fiscal Year of…

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