9.306 Solicitation requirements
Source: FAR 9.306 on acquisition.gov
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.
Solicitations containing a testing and approval requirement shall-
(a) Provide, in the circumstance where the contractor is to be responsible for the first article approval testing-
(1) The performance or other characteristics that the first article must meet for approval;
(2) The detailed technical requirements for the tests that must be performed for approval; and
(3) The necessary data that must be submitted to the Government in the first article approval test report;
(b) Provide, in the circumstance where the Government is to be responsible for the first article approval testing-
(1) The performance or other characteristics that the first article must meet for approval; and
(2) The tests to which the first article will be subjected for approval;
(c) Inform offerors that the requirement may be waived when supplies identical or similar to those called for have previously been delivered by the offeror and accepted by the Government (see 52.209-3(h) and 52.209-4(i));
(d) Permit the submission of alternative offers, one including testing and approval and the other excluding testing and approval (if eligible under paragraph (c) of this section);
(e) State clearly the first article’s relationship to the contract quantity (see paragraph (e) of the clause at 52.209-3, First Article Approval-Contractor Testing, or 52.209-4, First Article Approval-Government Testing);
(f) Contain a delivery schedule for the production quantity (see 11.403). The delivery schedule may-
(1) Be the same whether or not testing and approval is waived; or
(2) Provide for earlier delivery when testing and approval is waived and the Government desires earlier delivery. In the latter case, any resulting difference in delivery schedules shall not be a factor in evaluation for award. The clause at 52.209-4, First Article Approval-Government Testing, shall contain the delivery schedule for the first article;
(g) Provide for the submission of contract numbers, if any, to document the offeror’s eligibility under paragraph (c) of this section;
(h) State whether the approved first article will serve as a manufacturing standard;
(i) Include, when the Government is responsible for first article testing, the Government’s estimated testing costs as a factor for use in evaluating offers (when appropriate); and
(j) Inform offerors that the prices for first articles and first article tests in relation to production quantities shall not be materially unbalanced (see 15.404-1(g)) if first article test items or tests are to be separately priced.