52.209-3
First Article Approval-Contractor Testing
FAR 52.209-3 requires contractors to conduct and report first article testing as specified, with strict notification, reporting, and approval procedures that can impact contract performance and risk.
Overview
FAR 52.209-3, First Article Approval-Contractor Testing, establishes the requirements for contractors to conduct and report on first article testing when specified in the contract. This clause is used when the Government requires the contractor to test a sample unit(s) of a product before full-scale production to ensure compliance with contract specifications. The clause details notification, reporting, approval/disapproval procedures, and the consequences of failure to comply. It also addresses cost allocation, risk, and the possibility of waiving the first article requirement if the contractor has previously supplied identical or similar items.
Key Rules
- First Article Testing and Notification
- Contractors must test specified units and notify the Contracting Officer in writing of the test schedule and location in advance.
- Submission and Review of Test Reports
- Contractors must submit a first article test report within a specified timeframe; the Government will respond with approval, conditional approval, or disapproval.
- Retesting and Costs
- If disapproved, contractors must repeat tests and bear all associated costs, including modifications or replacements.
- Default and Delivery
- Failure to deliver reports or obtain approval may trigger default provisions.
- Use of Approved First Article
- Approved first articles not destroyed in testing may be delivered as part of the contract quantity if compliant.
- Contractor Risk and Cost Allocation
- Production before approval is at the contractor’s risk, and related costs are not allocable unless authorized.
- Waiver of First Article Requirement
- The Government may waive the requirement if the contractor has previously supplied acceptable identical or similar items.
- Alternates
- Alternate I requires production at the same facility; Alternate II allows limited pre-approval production with written authorization.
Responsibilities
- Contracting Officers: Specify test details, review reports, issue approvals/disapprovals, and manage waivers or authorizations.
- Contractors: Conduct tests, notify the Government, submit reports, comply with approvals/disapprovals, and bear costs for retesting.
- Agencies: Oversee compliance, manage risk, and ensure timely review and communication.
Practical Implications
- Ensures product quality and compliance before full production.
- Delays or failures in testing/reporting can lead to default or financial risk for contractors.
- Contractors must carefully manage timelines, documentation, and communication to avoid costly retesting or contract issues.