9.306
Solicitation requirements
Solicitations with first article testing must clearly specify requirements, waiver eligibility, and ensure balanced pricing to facilitate fair and efficient contract evaluation.
Overview
FAR 9.306 outlines the specific requirements that must be included in solicitations when first article testing and approval are required. The section ensures that both the Government and contractors understand their responsibilities regarding first article testing, whether the contractor or the Government is responsible for the testing. It also addresses waiver eligibility, alternative offers, delivery schedules, documentation, and pricing considerations related to first article testing.
Key Rules
- Contractor vs. Government Testing Requirements
- Solicitations must specify detailed performance characteristics, technical requirements, and data submission obligations for first article approval, tailored to whether the contractor or Government conducts the testing.
- Waiver and Alternative Offers
- Offerors must be informed that first article testing may be waived if they have previously delivered identical or similar supplies, and they may submit alternative offers with or without testing if eligible.
- Delivery Schedules and Documentation
- Solicitations must clearly state the relationship of the first article to contract quantity, include delivery schedules, and require documentation of prior contracts for waiver eligibility.
- Manufacturing Standard and Pricing
- The solicitation must state if the approved first article will serve as a manufacturing standard and ensure that pricing for first articles and tests is not materially unbalanced.
Responsibilities
- Contracting Officers: Must ensure solicitations include all required information, including technical requirements, waiver provisions, delivery schedules, and pricing guidance.
- Contractors: Must comply with submission requirements, provide necessary documentation, and ensure balanced pricing.
- Agencies: Oversee compliance and may be responsible for first article testing and cost estimation.
Practical Implications
- This section ensures clarity and fairness in first article testing requirements, reducing ambiguity for offerors and minimizing disputes. It impacts proposal preparation, contract administration, and evaluation processes. Common pitfalls include incomplete documentation, unbalanced pricing, and misunderstanding waiver eligibility.