9.308
Contract clauses
FAR 9.308 mandates inclusion of specific contract clauses for first article testing, clarifying whether the contractor or the Government is responsible for testing and approval.
Overview
FAR 9.308 outlines the contract clauses that must be included when first article testing and approval is required in a government contract. This section references two specific clauses: one for testing performed by the contractor (9.308-1) and one for testing performed by the Government (9.308-2). The purpose is to ensure that contracts clearly specify the responsibilities and procedures for first article testing, which is a critical quality assurance step for certain supplies and services. Including the correct clause ensures both parties understand who is responsible for testing, the standards to be met, and the process for approval or rejection of the first article.
Key Rules
- Testing Performed by the Contractor (9.308-1)
- Requires inclusion of a clause specifying contractor responsibilities for conducting first article testing, reporting results, and meeting acceptance criteria.
- Testing Performed by the Government (9.308-2)
- Requires inclusion of a clause specifying that the Government will conduct first article testing, and outlines the process for submission, testing, and notification of results.
Responsibilities
- Contracting Officers: Must include the appropriate clause in solicitations and contracts when first article testing is required, based on who performs the testing.
- Contractors: Must comply with the requirements of the applicable clause, including submission of first articles and adherence to testing procedures.
- Agencies: Must ensure oversight of the testing process and compliance with the specified clause.
Practical Implications
- This section ensures clarity and accountability in first article testing, reducing the risk of disputes or nonconformance.
- Contractors must be aware of their testing responsibilities and timelines.
- Failure to include the correct clause can result in contract performance issues or delays.