52.209-4
First Article Approval-Government Testing
FAR 52.209-4 requires contractors to submit a first article for government testing and approval before full production, with strict timelines, cost responsibilities, and risk management obligations.
Overview
FAR 52.209-4, First Article Approval-Government Testing, establishes the requirements and procedures for government testing and approval of a "first article" (prototype or initial production unit) before full-scale production or delivery under a contract. This clause is used when the government needs to verify that the contractor's product meets contract specifications before authorizing further production. The clause details the process for submission, testing, approval/disapproval, and the consequences of failure to deliver or obtain approval. It also addresses cost allocation, risk, and the possibility of waiving the first article requirement if the contractor has previously supplied similar, accepted items.
Key Rules
- Submission of First Article
- Contractor must deliver specified units to a designated government facility within a set timeframe for testing, with proper documentation.
- Government Notification
- The government must notify the contractor in writing of approval, conditional approval, or disapproval within a specified period after receipt.
- Disapproval and Retesting
- If disapproved, the contractor must submit a new or modified first article at their own expense, and the government may adjust the contract for delays or additional costs.
- Default and Delivery
- Failure to deliver or obtain approval is treated as a delivery failure under the Default clause.
- Disposition of First Article
- Approved first articles may be included in the contract quantity if not destroyed; unapproved articles must be removed at the contractor's expense.
- Contractor Risk and Cost Allocation
- Costs for production beyond the first article are at the contractor's risk until approval, and not allocable for progress payments or termination settlements unless otherwise authorized.
- Waiver and Alternates
- The government may waive the requirement if similar items were previously accepted; alternates address production location and limited pre-approval production authorization.
Responsibilities
- Contracting Officers: Specify first article requirements, testing facility, timelines, and communicate approval/disapproval; may authorize limited pre-approval production or waive requirements.
- Contractors: Deliver first article on time, bear costs for retesting, provide documentation, support testing, and manage risk for pre-approval production.
- Agencies: Oversee testing, ensure timely notification, and manage contract adjustments as needed.
Practical Implications
- Ensures product quality and compliance before full production, reducing risk of defective deliveries.
- Contractors must carefully manage timelines, costs, and risk, especially regarding pre-approval production.
- Delays or failures in first article approval can lead to default, additional costs, or contract adjustments.