Subpart 11.8
Testing
FAR Subpart 11.8 ensures agencies can require preaward testing to verify that supplies or services meet government needs before contract award, reducing performance risks.
Overview
FAR Subpart 11.8, titled "Testing," addresses the requirements and procedures for testing supplies and services prior to contract award. This subpart provides guidance on when and how agencies may conduct preaward in-use evaluations to ensure that products or services offered by contractors meet the government's needs and specifications. The primary purpose is to verify that proposed items perform as required before a contract is finalized, reducing the risk of nonconformance or performance issues post-award.
Key Rules
- Preaward In-Use Evaluation
- Agencies may require testing or evaluation of supplies or services before awarding a contract to confirm compliance with solicitation requirements.
- Testing Procedures
- The procedures for conducting such tests, including who is responsible for costs and how results are used in the evaluation process, must be clearly outlined in the solicitation.
Responsibilities
- Contracting Officers: Must determine when preaward testing is necessary, ensure requirements are included in solicitations, and oversee the evaluation process.
- Contractors: Must comply with testing requirements, provide samples or products for evaluation, and bear costs if specified.
- Agencies: Must document testing procedures, maintain transparency, and ensure fair evaluation of all offers.
Practical Implications
- This subpart exists to ensure that the government only procures supplies and services that meet its needs and specifications.
- It impacts daily contracting by potentially adding time and cost to the preaward process, but helps avoid post-award performance issues.
- Common pitfalls include unclear testing requirements in solicitations or disputes over responsibility for testing costs.