NIJ approved laboratory application and agreement

Document Name:
Revision:
OMB Number:

NIJ Approved Test Lab Agreement
07 Dec 2015
1121-0321

Approval Date:
Implementation Date:
Expires:

dd Mmm yyyy
dd Mmm yyyy
dd Mmm yyyy

National Institute of Justice
Approved Test Laboratory Application and Agreement
In accordance with the Paperwork Reduction Act of 1995, no person is required to
respond to a collection of information unless it displays a valid OMB control number.
The OMB number for this collection is 1121-0321. Public reporting burden for this
collection of information is estimated to average one hour per response, including the
time for reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the information.
This information is being requested pursuant to 6 U.S.C. 162(b)(4) and 6 U.S.C.
162(b)(6)(B). The disclosure is voluntary. The information provided on this form will be
used by the National Institute of Justice (NIJ) to administer the NIJ Compliance Testing
Program (NIJ CTP), a conformity assessment program for products used by criminal
justice practitioners. Participation is voluntary.
PRIVACY ACT NOTICE: See Section 19 of this document for nature and extent of
confidentiality.
The agreement contained in this document is dated when signed by the Test Laboratory
Representative, and is between the Test Laboratory and the Conformity Assessment
Body (“CAB”), which consists of both NIJ and the recipient of Cooperative Agreement
Number 2014-IJ-CX-K004 issued by the Office of Justice Programs (OJP), NIJ.
The CAB implements the functions of the NIJ CTP, a program funded by NIJ, which in
turn is part of the U.S. Department of Justice (DOJ), OJP. NIJ monitors and directs the
administration of the NIJ CTP.
This agreement shall constitute the entire agreement that governs the CAB's
relationship to the Test Laboratory pertaining to the Test Laboratory’s participation in
the NIJ CTP as an NIJ Approved Test Laboratory, and shall supersede all other
agreements between the CAB and the Test Laboratory concerning participation in the
NIJ CTP as an NIJ Approved Test Laboratory.
Specific questions or requests for assistance may be directed to NLECTC-National by
telephone at (800) 248-2742 or (301) 519–5060, or by email at [email protected].
Please provide business headquarters information below.
Legal Name:
Laboratory Address:

Telephone:
Email Address:
Internet Address:

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Document Name:
Revision:
OMB Number:

NIJ Approved Test Lab Agreement
07 Dec 2015
1121-0321

Approval Date:
Implementation Date:
Expires:

dd Mmm yyyy
dd Mmm yyyy
dd Mmm yyyy

Program area in which your laboratory is seeking NIJ-approved status:

NIJ Standard-0101.06; Ballistic Resistance of Body Armor

Section 5, Flexible Armor Conditioning Protocol

Section 6, Hard Armor Conditioning Protocol

Section 7, Ballistic Test Methods

NIJ Standard-0115.00, Stab Resistance of Personal Body Armor

NIJ Standard-0112.03, Revision A; Autoloading Pistols for Police Officers

Other:
Part I

Application

The following information concerning the Test Laboratory must be included with this
completed document before the application can be considered complete:
a. National Voluntary Laboratory Accreditation Program (NVLAP) Certificate of
Accreditation to ISO/IEC 17025 along with the associated scope;
b. quality policy statement (ISO/IEC 17025, 4.2);
c. organization chart;
d. list of personnel who have an impact on testing;
e. list of approved signatories (name and title);
f. quality manager identification and contact information (ISO/IEC 17025, 4.1.5 i);
Note: Items c, d, e and f of this section may be combined into a single document.
g. method used by laboratory to indicate approved signatory authorization on
electronic test reports that is fully compliant with the applicant’s management
system (compliant with ISO/IEC 17025 and NIST Handbook 150); and
h. a threats to impartiality risk management plan that:
i.

identifies threats to impartiality covering the past five years,

ii. assesses those identified risks, and
iii. manages those risks in order to reduce them to an acceptable level.
Note 1: Examples of threats to impartiality include the following: if the test laboratory is
part of a larger organization, any additional services provided in support of product
development or research and any employee’s previous relationship to clients.
Note 2: Examples of services provided in support of product development or research
include any testing where the Test Laboratory provides interpretation of test results or
where opinions are provided concerning the performance or construction of products.

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Document Name:
Revision:
OMB Number:

NIJ Approved Test Lab Agreement
07 Dec 2015
1121-0321

Approval Date:
Implementation Date:
Expires:

dd Mmm yyyy
dd Mmm yyyy
dd Mmm yyyy

Part II: Agreement
The Test Laboratory expressly acknowledges and agrees as follows:
1. NIJ may deny access to or remove any Test Laboratory from the NIJ Approved Test
Laboratory program at any time the laboratory fails to comply with this agreement or
if NIJ no longer has confidence in the laboratory’s ability to provide reliable test
results.
2. The Test Laboratory shall maintain an independent decisional relationship between
the laboratory and its clients, affiliates, contractors and other organizations.
3. The Test Laboratory shall not be a part of a legal entity that is engaged in the
design, manufacture, supply or purchase of body armor except where purchase is
necessary for the operations of the Test Laboratory.
4. All testing used to generate results for the NIJ CTP shall be performed in the United
States and in accordance with the specified standard, ISO/IEC 17025, NVLAP
requirements and any additional instructions provided by the NIJ CTP.
5. The Test Laboratory shall have documented policies/procedures for compliance with
International Traffic in Arms Regulations, Export Administration Regulations and any
other applicable U.S. rules, regulations, codes and laws regarding the importation
and exportation of body armor and other types of equipment.
6. The Test Laboratory agrees to participate in any NIJ CTP conformity assessment
surveillance program associated with the laboratory’s NIJ Approved Test Laboratory
Scope.
7. The Test Laboratory shall maintain current copies of all standards on its NIJ
Approved Test Laboratory Scope. The laboratory shall also maintain copies of all
associated NIJ CTP Administrative Clarifications. The laboratory shall direct any
questions concerning the application and interpretation of NIJ Standards to the NIJ
CTP for guidance and clarification.
8. The Test Laboratory shall not subcontract conditioning or testing to another
organization unless the subcontract lab appears on the NIJ CTP website as an NIJ
Approved Test Laboratory and the work is within that laboratory’s NIJ-approved
scope.
9. Quality and technical records shall be maintained for at least 10 years.
10. The laboratory shall provide immediate notice to the NIJ CTP if at any time it is no
longer able to comply with the requirements of this agreement. The laboratory shall
also provide notice to the NIJ CTP within 30 days of any changes to information
provided as part of the laboratory’s application including items listed in Part I of this
document. Notices of changes shall be accompanied by revised application
documentation.

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Document Name:
Revision:
OMB Number:

NIJ Approved Test Lab Agreement
07 Dec 2015
1121-0321

Approval Date:
Implementation Date:
Expires:

dd Mmm yyyy
dd Mmm yyyy
dd Mmm yyyy

11. The Test Laboratory shall periodically be asked to renew its status by repeating the
application process. This will typically occur every two years but may be changed by
a notification from the CAB. Test Laboratories that fail to renew when requested may
have their NIJ Approved Laboratory Status immediately withdrawn.
12. The Test Laboratory shall not make any modifications to the format or calculations
contained in test reports supplied by the NIJ CTP.
13. For those tests where the NIJ CTP issues a Test ID Number or FIT ID Number,
testing shall not begin before that number has been assigned.
14. Test results supplied to the NIJ CTP:
a) shall be reported using the current applicable NIJ CTP test report if one is
made available by the NIJ CTP;
b) shall be transmitted within five business days of completing tests using a
secure method approved by the NIJ CTP;
c) may be rejected by the NIJ CTP if they do not meet NIJ CTP requirements;
d) shall be supplied to the NIJ CTP in the original electronic file format as
supplied by the NIJ CTP (Excel);
e) shall be supplied to the NIJ CTP as an electronic record in a format that
meets the following requirements:
i.

fully compliant with the applicant’s management system (that is compliant
with ISO/IEC 17025 and NIST Handbook 150),

ii. includes an approved signatory authorization, and
iii. is resistant to accidental changes.
Note: Items d and e may be accomplished with a single electronic file that complies with
both requirements or with two different files (one for each requirement).
15. The Test Laboratory shall forward the required samples to the NIJ CTP following
completion of testing.
16. All Test Laboratory complaints or disputes that may arise in connection with this
agreement shall be settled in accordance with the following procedures. Any
complaints expressed by the laboratory in writing to the NIJ CTP shall be
investigated and action will be taken by the NIJ CTP to respond. If resolution to a
complaint is not satisfactory to the laboratory, the laboratory may request an appeal.
The request for appeal shall be in writing, signed, and addressed to NIJ with any
evidence pertinent to the appeal. At NIJ’s discretion, a Special Review Committee of
technical experts and practitioners may be convened to review the appeal and
provide NIJ an opinion. NIJ alone shall make all final decisions concerning appeals.

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Document Name:
Revision:
OMB Number:

NIJ Approved Test Lab Agreement
07 Dec 2015
1121-0321

Approval Date:
Implementation Date:
Expires:

dd Mmm yyyy
dd Mmm yyyy
dd Mmm yyyy

17. In consideration of NIJ’s recognition of the Test Laboratory as an NIJ Approved
Laboratory, the Test Laboratory expressly waives, releases, and exempts the CAB
and its managers, employees, technical experts, and subcontractors from any and
all liability, claims, demands, actions, or causes of action whatsoever for any alleged
loss, damage, or injury. This release and waiver is intended to, and does, cover all
claims arising in tort as well as those arising under any state or federal statute that in
any way arise out of, or relate to, the NIJ Approved Test Laboratory program or the
CAB’s conformity assessment activities.
18. The CAB shall use reasonable efforts to maintain as confidential all information
identified as “Confidential Commercial Information” that it obtains from the Test
Laboratory. Confidential Commercial Information shall not include information that is:
a. publicly available;
b. subsequently acquired by the CAB from other sources in a manner that does not
constitute a breach of this agreement;
c. disclosed by the CAB when deemed, at its sole discretion, to be necessary to the
performance of conformity assessment activities;
d. required to be produced pursuant to an order or command of any judicial or
regulatory authority;
e. required by any common law or statutory duty; or
f. disclosed in the interest of officer safety.
(an officer or representative of the Test Laboratory who has the authority to bind it)
(Name/Title):
Telephone Number:
E-mail:
The Test Laboratory agrees to the terms of this agreement and warrants that it has
made no alterations to its text. The undersigned represents and warrants that he/she is
authorized to execute this agreement on behalf of the Test Laboratory and is signing
this agreement on the date stated opposite the Test Laboratory signature.

Test Laboratory Representative

Date

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