9.304
Exceptions
FAR 9.304 allows exceptions to first article testing for R&D, qualified, commercial, or fully specified products, streamlining procurement when testing is unnecessary.
Overview
FAR 9.304 outlines specific exceptions to the requirement for first article testing and approval in government contracts. This section clarifies that such testing is generally not necessary for contracts involving research or development, products that require pre-award qualification (such as those on a qualified products list), commercially available products, or products with complete and detailed technical specifications—unless the requirements are so unique or demanding that compliance is uncertain without testing. The intent is to streamline procurement and avoid unnecessary testing where product performance can be reasonably assured by other means.
Key Rules
- Research or Development Contracts
- First article testing and approval are not typically required for R&D contracts.
- Qualified Products
- Products needing qualification before award (e.g., those on a qualified products list) are exempt from first article testing.
- Commercial Market Products
- Products normally sold in the commercial market do not require first article testing.
- Products with Complete Technical Specifications
- If products are covered by detailed technical specs, testing is not required unless the specs are so novel or exacting that compliance is questionable.
Responsibilities
- Contracting Officers: Determine if exceptions apply and document the rationale for not requiring first article testing.
- Contractors: Identify if their products or services fall under these exceptions and communicate with the contracting officer as needed.
- Agencies: Ensure oversight and proper application of exceptions to avoid unnecessary testing and approval processes.
Practical Implications
- This section helps reduce procurement delays and costs by eliminating unnecessary testing for certain products and contracts.
- Contractors should be aware of these exceptions to avoid redundant compliance efforts.
- Misapplication of exceptions can lead to performance risks or compliance issues if products do not meet requirements.