Solicitation 923R000094 SF33 Compliance Testing Contract for FMVSS No 223 Rear Impact Guards Pages 1-90.pdf

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REQUEST FOR PROPOSAL

“Compliance Testing of Rear Impact Guards to FMVSS No. 223”

SOLICITATION #693JJ923R000094

PART I THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SUPPLIES/SERVICES/REQUIREMENTS

B.1.1 Supplies/Services

The Contractor shall provide the qualified personnel, facilities, materials, equipment, and services (except as identified in Section H.7, Government Furnished Test Items/Property (GFTI/GFP)) necessary to perform the procurement, receipt, inventory, inspection, testing, reporting, storage and disposal of motor vehicle equipment. The Office of Vehicle Safety Compliance (OVSC) of the National Highway Traffic Safety Administration (NHTSA) requires engineering services to collect data in support of its enforcement program for Federal Motor Vehicle Safety Standard (FMVSS) No. 223, Rear Impact Guards.

B.1.2 Contract Type

This is a multiple award Indefinite Delivery, Indefinite Quantity (IDIQ) Contract, whereby Firm- Fixed-Price (FFP) Delivery Orders shall be issued in accordance with Federal Acquisition Regulation (FAR) 16.5.

B.2 MINIMUM/MAXIMUM OBLIGATIONS

B.2.1 Minimum obligation

Upon execution of the Base Contract, the Government hereby orders the supplies and services of the Known Requirements under B.3.1 in the amount of $TBD. This amount represents the “minimum obligation of the Government.” The minimum Government obligation is: $TBD

B.2.2 Maximum obligation

The Contractor shall be obligated to provide services and support up to the total not-to-exceed amounts specified in Sections B.3.2 through B.3.6. The overall contract ceiling amount is $TBD. The ceiling amount may be increased upon execution of a bilateral modification.

Note: The Contracting Officer is the only individual who can legally commit or obligate the Government to the expenditure of public funds. No cost chargeable to the proposed contract can be incurred before receipt of a fully executed contract or specific written authorization from the Contracting Officer.

B.3 CONTRACT PRICE/COST SCHEDULE

This Contract includes two “Periods”: The “Base Period” which is the first 24 months of the contract term (composed of Contract Year 1 and Contract Year 2) and the Option Period which, if exercised, begins at the end of the Base Period and continues for an additional 36 months (composed of Contract Year 3, 4, and 5).

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

Upon delivery and acceptance of supplies and services described in Section C, Statement of Work (SOW) and each awarded Delivery Order, the Government will pay to the Contractor the fixed prices set forth in Sections B.3.1 through B.3.6 Price Schedules, and will reimburse the Contractor at actual costs for the cost reimbursement Contract Line Item Number (CLIN)s identified in Section B.

Except for the known requirements (i.e., guaranteed minimum order quantity), identified in Section B.3.1., the government is not under any obligation to order any additional services under this contract. The Government reserves the right, at its option, to increase the quantities of testing services provided under this contract up to the “Total Not-To-Exceed” amount specified for each contract period.

Contractor Procured Test Items (CPTI)

Contract Line Item Numbers (CLINs) 1005, 2005, 3005, 4005, and 5005 listed in this section are cost reimbursement CLINs for this Contract and any subsequent Delivery Order. At Delivery Order issuance, NHTSA will provide the Contractor with an estimate for the CPTI (if applicable). The Delivery Order will identify the rear impact guard (RIG) make, model, quantity, estimated cost, and any other information necessary to identify the required RIG. The cost of obtaining the CPTI will be the actual cost paid by the Contractor (CLINs 1005, 2005, 3005, 4005, and 5005) to the RIG manufacturer for the test items (plus any associated shipping and handling costs) along with the firm fixed price service charge (CLINs 1004, 2004, 3004, 4004, and 5004). The procurement of multiple rear impact guards from a single manufacturer, of the same model, shall incur a single service charge. The Contractor’s invoice for the cost reimbursement CLINs shall include copies of the actual vendor invoices.

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

The Delivery Order will include a not-to-exceed amount for the cost reimbursement CLIN. If the costs exceed the not-to-exceed amount obligated on the Delivery Order, the Contractor shall notify the Contracting Officer and the COR prior to incurring said costs. The Government will reimburse the Contractor at actual costs for the cost reimbursement CLIN in accordance with FAR Part 31.

The Price Schedules include the following Contract Line Items identified below:

B.3.1 BASE PERIOD (CONTRAT YEAR 1) – KNOWN REQUIREMENTS

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

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

Quantities listed as “Known Requirements” represent the total tests to be conducted during the Base Period. However, the number of tests identified, as “known requirements and the Government’s Guaranteed Minimum,” may change depending on the number of contracts awarded, if applicable.

B.3.2 BASE PERIOD (CONTRACT YEAR 1) - OPTIONAL QUANTITIES

Period of Performance from TBD through TBD

CLIN Description Quantity Fixed Unit Price 0006 Kick-Off Meeting 1 $

CLIN Description Quantity Per Order Fixed Unit Price 1001 Complete Enforcement Test 1-20 $ 1002 Partial Enforcement Test 1-40 $ 1003 RIG Inspection 1-20 $ 1004 Service Charge 1-20 $ 1005 Reimbursement for CPTI $

B.3.3 PRICE SCHEDULE – BASE PERIOD (CONTRACT YEAR 2) – OPTIONAL

QUANTITIES

B.3.4 PRICE SCHEDULE - OPTION PERIOD (CONTRACT YEAR 3) – OPTIONAL

B.3.5 PRICE SCHEDULE - OPTION PERIOD (CONTRACT YEAR 4) – OPTIONAL

CLIN Description Quantity Per Order Fixed Unit Price 2001 Complete Enforcement Test 1-20 $ 2002 Partial Enforcement Test 1-40 $ 2003 RIG Inspection 1-20 $ 2004 Service Charge 1-20 $ 2005 Reimbursement for CPTI $

CLIN Description Quantity Per Order Fixed Unit Price 3001 Complete Enforcement Test 1-20 $ 3002 Partial Enforcement Test 1-40 $ 3003 RIG Inspection 1-20 $ 3004 Service Charge 1-20 $ 3005 Reimbursement for CPTI $

CLIN Description Quantity Per Order Fixed Unit Price 4001 Complete Enforcement Test 1-20 $ 4002 Partial Enforcement Test 1-40 $ 4003 RIG Inspection 1-20 $ 4004 Service Charge 1-20 $ 4005 Reimbursement for CPTI $

B.3.6 PRICE SCHEDULE - OPTION PERIOD (CONTRACT YEAR 5) – OPTIONAL

B.3.7 PRICE SCHEDULE – OPTION TO EXTEND SERVICES (CONTRCT YEAR

6)

Period of Performance for six (6) months from the end of contract year 5

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

(End of Section B)

CLIN Description Quantity Per Order Fixed Unit Price 5001 Complete Enforcement Test 1-20 $ 5002 Partial Enforcement Test 1-40 $ 5003 RIG Inspection 1-20 $ 5004 Service Charge 1-20 $ 5005 Reimbursement for CPTI $

CLIN Description Quantity Per Order Fixed Unit Price 6001 Complete Enforcement Test 1-20 $ 6002 Partial Enforcement Test 1-40 $ 6003 RIG Inspection 1-20 $ 6004 Service Charge 1-20 $ 6005 Reimbursement for CPTI $

SECTION C - DESCRIPTION/SPECIFICATIONS/ STATEMENT OF

WORK

C.1 ACRONYMS

ACOR Alternate Contracting Officer’s Representative CAP Contractor Acquired Property 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 RIG Rear Impact Guard QA/QC Quality Assurance/Quality Control TP Test Procedure

C.2 DEFINITIONS

Government Furnished Test Items (GFTI) – Refers to test items (rear impact guards) owned or acquired by the Government and subsequently provided to the Contractor for use in the performance of the contract. For the purpose of this contract, GFTI and Government Furnished Property (or “GFP”) mean the same thing. See Section H.7 for more details. The government is the owner of all GFTI.

Contractor Purchased Test items (CPTI) – Refers to test items (rear impact guards) purchased by the Contractor for use in the performance of the contract. For the purpose of this contract, CPTI and Contractor Acquired Property (or “CAP”) mean the same thing. See Section H.9 for more details. Title to CPTI vests with the government.

Non-Conforming Test – Refers to a Contractor-performed test that does not comply with applicable Office of Vehicle Safety Compliance (OSVC) test procedure (TP) requirements and contract or task order requirements applicable to that test. See Section H.11 for instructions on how non-conforming tests are to be handled.

Test Passed – Refers to testing that the Contractor conducted successfully and the item (rear impact guards) being tested met the FMVSS standards.

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

C.3 BACKGROUND

The purpose of this Contract is to procure testing services, inspection services, and reports to support NHTSA’s assessment whether rear impact guards complies with the requirements of Federal Motor Vehicle Safety Standard (FMVSS) No. 223, Rear Impact Guards. If a rear impact guard fails to meet the requirements of FMVSS No. 223, NHTSA may open a non-compliance investigation pursuant to 49 U.S.C. § 30166. If following the investigation, NHTSA determines that a non-compliance with the standard exits, it may order the manufacturer to conduct a recall pursuant to 49 U.S.C. § 30118.

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

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

C . 4 GENERAL REQUIREMENTS

The services under this contract are necessary to support NHTSA’s determination whether a rear impact guard complies with the applicable requirements of FMVSS No. 223, Rear Impact Guards, see 49 C.F.R. §571.223.

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

(CPTI).

The Contractor shall provide additional information specific to the tests conducted for NHTSA upon request and to support a non-compliance investigation opened by NHTSA based upon a test performed by the Contractor. This may include, but is not limited to test data, photos, video, details about the test set up, test observations, details about the test item configuration.

If a test failure is identified, NHTSA may contact the Contractor and request information to support its assessment of the test results (See Section F.4., Deliverables Item 4.) and may schedule a visit to witness additional testing or inspection of test samples with or without the manufacturer present. The Contractor shall respond to these information requests within 5 days of the original request. The Contractor may be requested to:

(a) provide test data, pictures, videos, or other information; and

(b) answer questions to fully assist OVSC’s assessment; and

(c) support NHTSA’s response to a manufacturer’s inquiries relating to a failed test; and,

(d) support onsite inspection of test samples and equipment.

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.4).

C.5 KICK OFF MEETING

Within two (2) weeks of the effective date of the contract, the Contractor shall participate in a Kickoff meeting with the Contracting Officer’s Representative (COR), Contracting Officer (CO), and other NHTSA staff. The Kickoff meeting shall take place via teleconference. This meeting will be approximately two hours in length. The Contractor shall make a brief presentation of their understanding of the contract requirements. After the presentation, the parties shall discuss basic contract requirements, including the schedule for testing and test procedures.

C.6 PRELIMINARY DOCUMENTS

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

(a) Contractor Test Procedure for each Enforcement Test (See Section C.10.1 for details related to Enforcement Tests).

(b) Checklist for conducting each Enforcement Test (See Section C.10.1 for details related to Enforcement Tests).

(c) Calibration procedure for instrumentation per the requirements stated in the OVSC Test Procedure (TP-223-00) (See attachment in Section J) and required for the RIG inspection.

Guidelines for setting up and maintaining a test instrumentation calibration system are described in ANSI/NCSL Z540-1-199, Calibration Systems Requirements. All measuring and recording instruments and standards shall be calibrated by the Contractor, or by a commercial facility at the Contractor’s expense, against a higher order standard at periodic intervals not exceeding twelve (12) months.

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

(1) Manufacturer name

(2) Model number

(3) Function of the item

(4) Calibration interval

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

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

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

*Contractors should provide the documents as soon as possible after the start of the contract.

Once NHTSA approves the documents, the Contractor may begin testing consistent with the terms of the contract.

C.7 PROCURING TEST ITEMS - CPTI/SERVICE CHARGE

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

Each delivery order that includes CPTI will identify the RIG make, model, quantity, estimated cost, and any other information necessary to identify the required RIG. The Contractor shall place orders for CPTI in accordance with the timeframe specified in Section F.4 after receipt of a delivery order.

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

(a) Placing the purchase order for the CPTI with the suggested manufacturer/vendor.

(b) Providing the manufacturer/vendor with special order/instructions as needed.

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

(d) Paying the manufacturer/vendor for the rear impact guard ordered.

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

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

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

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

Title to CPTI will vest with the government.

C.8 RECEIVING AND INSPECTING TEST ITEMS

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

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

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

C.9.1 Storage/Disposing

The Contractor shall store all CPTI and GFTI until receipt of disposition instructions from the Government. Typically, disposition instructions will be provided by the COR via e-mail after all testing, inspection and acceptance of the final test report has been completed.

Test items which have “failed” compliance requirements, and any unused test items identical to test items which have “failed” compliance requirements, shall be stored by the Contractor until the end of the contract term.

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

C.9.2 Security of Test Items and Data

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

C.10 TESTING

There are two types of tests required: Enforcement Testing (See Section C.10.1) and RIG Inspection (See Section C.10.2). The purpose of enforcement testing is to support NHTSA to determine whether rear impact guards comply with the requirements of FMVSS No. 223. The purpose of the RIG inspection is to verify the RIG dimensions against manufacturer production drawings.

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

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

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

C.10.1 Enforcement Tests

The Contractor shall perform all Enforcement Testing in accordance with the following:

• FMVSS No. 223, Rear Impact Guards, effective January 18, 2005, for all RIGs manufactured prior to July 15, 2024 and not certified to early compliance with the revised FMVSS No. 223, effective January 11, 2023;

• FMVSS No. 223, Rear Impact Guards, effective January 11, 2023, for all RIGs manufactured on or after July 15, 2024, or those certified to early compliance with the revised FMVSS No. 223, effective January 11, 2023; and

• Office of Vehicle Safety Compliance Laboratory Test Procedure No. TP-223-00, Laboratory Test Procedure for FMVSS No. 223, Rear Impact Guards, dated October 20, 1997, or any subsequent revisions to the TP-223-00.

The OVSC Test Procedure TP-223-00 is attached (Section J) and is incorporated by reference as with the same force and effect as if it were provided in full text. The testing procedures specified in TP-223-00, and any subsequent revisions, will be referred to hereinafter as the “OVSC Enforcement Test Procedure”.

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

An Enforcement Test can be either a Complete Enforcement Test or a Partial Enforcement Test.

Using multiple RIG test samples, a Complete Enforcement Test tests all requirements of FMVSS No. 223 S5. Using a single RIG test sample, a Partial Enforcement Test tests one (1) of the following at the COR’s discretion:

(a) S5.2.1(a) or

(b) S5.2.1(b) or

(c) S5.2.1(c) and S5.2.2

C.10.2 RIG Inspection

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

The Contractor shall inspect the RIGs to verify their dimensions and design prior to the Enforcement Test. The Contractor shall spend no more than two hours verifying that the test RIG is consistent with the manufacturer’s production drawings. This includes the design and dimensions of the horizontal member, structural support members, and features such as braces, plates, openings, fasteners, and weld seems.

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

C.10.3 Deviation from OVSC Enforcement Test Procedure

The Contractor shall conduct testing only in accordance with the approved test procedures (i.e., OVSC Enforcement Test Procedure and the Contractor Enforcement Test Procedure, if they don’t deviate from OVSC’s Enforcement Test Procedures) and the applicable FMVSS. If the Contractor determines that a deviation from the approved test procedures is necessary, it shall submit a request to deviate to the COR. Prior to initiating any deviations from the test procedures, the Contractor shall obtain written approval NHTSA. The COR is authorized to approve and require deviations from approved test procedures as long as that deviation does not affect the prices stated in this contract.

C.11 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:

(a) Date and place of last calibration; and

(b) Date of next scheduled calibration; and

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

(d) Full scale measurement range; and,

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

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

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

(End of Section C)

SECTION D - PACKAGING AND MARKING

D.1 GENERAL INSTRUCTIONS

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

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

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

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

D.2.1 Text

Text files shall be delivered in a format compatible with Microsoft WORD. Font type of Times New Roman with a font size of 12 shall be used throughout the document, unless otherwise instructed by the COR. 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 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 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 Danna Brooks at Danna.Brooks@dot.gov and 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 copyrights may restrict use of web-based images even if it is not expressly indicated at the website. Additionally, the resolution of most web-based images is not high enough to provide a clear image when published. For these reasons, web-based images typically should not be used under this contract, and need to first be approved by the COR.

(End of Section D)

SECTION E - INSPECTION AND ACCEPTANCE

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

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

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

Federal Acquisition Regulation (FAR) Clauses:

52.246-3 Inspection of Supplies – Cost-Reimbursement (MAY 2001) 52.246-16 Responsibility for Supplies (APR 1984)

E.2 INSPECTION AND/OR ACCEPTANCE

The NHTSA Contracting Officer's Representative (COR), as designated in this Contract, shall be responsible for performing the overall administration of the contract. The COR Delivery Order, COR (TO), will be identified in each awarded Delivery Order.

That individual will be responsible for the inspection of all services rendered under that specific Delivery Order and for recommending acceptance or replacement/correction of services or materials that fail to meet the Delivery Order requirements to the NHTSA Contracting Officer

(CO).

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

SECTION F - DELIVERIES OR PERFORMANCE

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 that may be exercised at the Government’s discretion.

Period Contract Year Period of Performance

Base 1 Period of Performance from TBD through TBD 2 Period of Performance from TBD through TBD

Option 3 Period of Performance from TBD through TBD 4 Period of Performance from TBD through TBD 5 Period of Performance from TBD through TBD

Option to Extend

Services

Period of Performance six (6) months

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

F.4 PERFORMANCE MILESTONES AND DELIVERABLES

All deliverables are to be submitted electronically (PDF, Word, Excel, as appropriate) to the COR in accordance with the schedule below. File formats shall meet the compatibility requirements of Section F.9.2, Specifications for Electronic Files. The following is a list of all deliverables which are considered to be significant in the performance of this contract (Note:

days are defined to mean business days). The following charts list all significant deliverables and milestones.

DELIVERABLES

Item Section Number

Deliverable

Due Date

1 C.6 Preliminary Documents No later than 4 weeks of the effective date of the contract 2 F.6 Evidence of receipt of

CPTI/GFTI (See Section C.7)

Within 5 days of receipt

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

4 F.8 Test Failure Report Summary notification within 24 hours of the failure.

Written notification, including the relevant data, within 48 hours of the failure.

5 F.9 Draft Final Test Report in electronic format

Within 2 weeks after completion of test

6 F.9 Final Test Report, Video, and Data

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

MILESTONES

Item Section Number

Milestone

Due Date

1 C.5 Kickoff Meeting Within 2 weeks of the effective date of the contract 2 F.6 Contractor to order CPTI Within 5 days of delivery order award 3 F.6 Contractor notifies COR that CPTI was ordered Within 5 days of ordering the CPTI (Item 2)

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

Within 5 days after receiving CPTI

5 F.6 Contractor to initiate testing

Within 2 weeks after receipt of CPTI

6 F.6 Contractor to complete testing

Within 5 days of initiating test

7 F.8 Notice of Test Failure Summary notification within 24 hours of the failure.

Written notification within 48 hours of the failure.

8 Contractor completion of Delivery Order

TBD at the delivery order level.

F.5 PLACE OF DELIVERY OF REPORTS

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)

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

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.

F.6 TESTING SCHEDULE/CONDUCT

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

The Contractor shall complete all testing in the time allotted in Section F.4. The Contractor shall submit separate test reports for each RIG model. Each report shall combine the results for the testing performed correctly for that model, as ordered on a single delivery order, unless instructed otherwise by the COR. Test reports shall be submitted in accordance with Sections F.4 through F.10. The final determination of “passed” or “failed” shall be made by the COR upon acceptance of the Final Test Report.

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

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

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

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

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

F.7 MONTHLY STATUS REPORTS

Monthly status reports shall be submitted to the COR and the Contract Specialist indicating which test items have been ordered, anticipated receipt date, actual receipt date, test schedule, the status of each test, test reports, and disposal status for the calendar month and shall be submitted not later than the 15th day of each month, following the month being reported. The monthly status report shall indicate the contract number and the time covered. The Contractor shall continue to submit monthly status reports until all final test reports are accepted by the Government. Specifically, Monthly Status Reports shall include the following:

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

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

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

• 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.

F.8 TEST FAILURE REPORTS

Within 24 hours of a test failure, the Contractor shall provide summary notification of that failure to the COR. This summary notification may be transmitted via telephone or e-mail.

Within 48 hours of a test failure, the Contractor shall provide the COR with electronic notification that includes the following information: FMVSS test type, test date, laboratory name, contract number, project engineer’s name, test failure description, and any information necessary to describe the failure such as data, charts, video, and photographs. A sample form will be provided by the COR upon request.

F.9 DRAFT AND FINAL TEST REPORTS

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

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

F.9.1 Electronic Test Reports

An electronic draft test report is required after completion of each test. The test report and content shall comply with the applicable test procedures. The organization and content of test data sheets in the report shall be consistent with the applicable test procedures. Typically, these reports can be e-mailed to the COR. However, if the submission of the report and accompanying data files is too large to be e-mailed, it shall be provided on transmittable media such as a flash drive, a CD-ROM or DVD that NHTSA can receive and use. A case shall be used for the protection of any CD-ROM or DVD provided. Upon approval of the COR, other electronic means, including a NHTSA designated file transfer site, can also be utilized.

FRONT COVER

The information required on the cover of a test report is as follows (please also include this information on any CD-ROM or DVD cases provided):

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

223 FMVSS No.

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

B. Final Report Title and Subtitle (example):

Safety Compliance Testing for FMVSS No. 223

Rear Impact Guards

RIG Manufacturer Model: xyz

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

ABC LABORATORIES, INC.

405 Main Street Detroit, Michigan 48070

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

D. Date of Final Report completion

E. The words "FINAL REPORT"

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

U. S. DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration Equipment Division Office of Vehicle Safety Compliance Mail Code: NEF-220 1200 New Jersey Avenue, SE Washington, DC 20590

FIRST PAGE AFTER FRONT COVER

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

“This publication is distributed by the U.S. Department of Transportation, National Highway Traffic Safety Administration, in the interest of information exchange. The opinions, findings and conclusions expressed in this publication are those of the author(s) and not necessarily those of the Department of Transportation or the National Highway Traffic Safety Administration. The United States Government assumes no liability for its contents or use thereof. If trade or manufacturers’ names or products are mentioned, it is only because they are considered essential to the object of the publication and should not be construed as an endorsement. The United States Government does not endorse products or manufacturers”.

Prepared By:

Approved By:

Approval Date:

FINAL REPORT ACCEPTANCE BY OVSC:

Accepted By:

Acceptance Date:

SECOND PAGE AFTER FRONT COVER

A completed Technical Report Documentation Page (Form DOT F1700.7) shall be completed for those items that are applicable with the other spaces left blank. Sample data for the applicable block numbers of the title page follow:

Block 1 — REPORT NUMBER 223-ABC1-0X-00X

1 “ABC” is the NHTSA assigned 3-character code for the laboratory

Block 2 — GOVERNMENT ACCESSION NUMBER Leave blank

Block 3 — RECIPIENT'S CATALOG NUMBER

Block 4 — TITLE AND SUBTITLE Final Report of FMVSS No. 223 Compliance Testing of Rear Impact Guards from RIG Manufacturer, Model XYZ

Block 5 — REPORT DATE Month DD, 20XX

Block 6 — PERFORMING ORGANIZATION CODE ABC [matches NHTSA assigned 3-digit code for the test laboratory]

Block 7 — AUTHOR(S) [Lead Author First and last name], [Title] [Other Author First and last name], [Title]

Block 8 — PERFORMING ORGANIZATION REPORT NUMBER

ABC-DOT-XXX-00X

Block 9 — PERFORMING ORGANIZATION NAME AND ADDRESS ABC Laboratories, Inc.

405 Main Street Detroit, MI 48070

Block 10 — WORK UNIT NUMBER

Block 11 — CONTRACT OR GRANT NUMBER

DTNH22-22-D-XXXXX

Block 12 — SPONSORING AGENCY NAME AND ADDRESS National Highway Traffic Safety Administration Office of Vehicle Safety Compliance 1200 New Jersey Avenue, SE Washington, DC 20590

Block 13 — TYPE OF REPORT AND PERIOD COVERED Final Test Report Month DD to Month DD, 20XX

Block 14 — SPONSORING AGENCY CODE

NEF-220

Block 15 — SUPPLEMENTARY NOTES [optional]

Block 16 — ABSTRACT Compliance tests were conducted on Rear Impact Guard from [RIG Manufacturer] in accordance with the specifications of the Office of Vehicle Safety Compliance Test Procedure No. TP-223-0X for the determination of FMVSS No. 223 compliance. Test failures identified were as follows:

[None, or provide brief description of failure(s)]

NOTE: Above wording shall be shown with appropriate changes made for a particular compliance test. Any questions shall be resolved with the COR.

Block 17 — KEY WORDS Compliance Testing Rear Impact Guard Safety FMVSS No. 223

Block 18 — DISTRIBUTION STATEMENT Document is available to the public from the DOT, BTS, National Transportation Library, Repository & Open Science Access Portal, rosap.ntl.bts.gov.

Block 19 — SECURITY CLASSIFICATION OF REPORT Unclassified

Block 20 — SECURITY CLASSIFICATION OF PAGE Unclassified

Block 21 — NUMBER OF PAGES [insert total number of pages]

Block 22 — PRICE

THIRD PAGE AFTER FRONT COVER

TABLE OF CONTENTS

Sample Test Report Table of Contents:

Section 1 — Purpose of Compliance Test

Section 2 — Compliance Test Data Summary

Section 3 — Test Data (including acceleration and velocity plots) Section 4 — Test Failure Details (if applicable)

Appendix A — Photographs Appendix B — Test Equipment List and Calibration Information

Within seven (7) days of receiving the COR’s comments on the draft test report, the Contractor shall implement changes and resubmit the report to the COR. If the report and supporting documentation are too large to be e-mailed, the Contractor shall submit a copy of the final report by flash drive, CD, or DVD to the COR. Upon approval by the COR, other electronic means, including a NHTSA designated file transfer site, can also be utilized.

NOTE: Prior to submission of a flash drive, CD-ROM, or DVD containing the final report, the draft and final reports shall be electronically transmitted to the COR to facilitate review and acceptance. The COR shall provide a signature page to the Contractor for inclusion in the electronic file for the final report, which shall be e-mailed or placed on a flash drive, CD- ROM or DVD, depending on file size. The final report shall be in PDF format that can be printed by NHTSA personnel.

F.9.2 Specifications for Electronic Files

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

A. Electronic Master File:

An electronic version of the final report shall be used as the “Master” report copy. The hard-copy and electronic reports shall be generated from this electronic master file. A copy of the electronic master file shall be provided to the NHTSA COR.

B. System Compatibility:

1. All electronically submitted final report copies shall be in PDF format for transmission in accordance with F.4.1. The final test report (containing all signatures and ready for publishing) shall be secured so that it cannot be further edited.

2. All parts of the test report, including images (photographs, charts, graphs, etc.) shall be clear and legible, and the final submitted document shall be compressed without unreasonable degradation.

C. 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.