9.308-1 Testing performed by the contractor
Source: FAR 9.308-1 on acquisition.gov
Always ensure the correct First Article Approval—Contractor Testing clause and applicable alternates are included in contracts requiring contractor-performed first article testing.
Overview
FAR 9.308-1 outlines the requirements for including the First Article Approval—Contractor Testing clause (FAR 52.209-3) in solicitations and contracts when first article testing is required to be performed by the contractor. This applies to both fixed-price and cost-reimbursement contracts where first article approval is necessary. The section also specifies when to use Alternate I (when production and first article are at the same facility) and Alternate II (when early material purchase or production is authorized before first article approval). The regulation ensures that contractors understand their obligations regarding first article testing and the conditions under which they may begin production or purchase materials prior to approval.
Key Rules
- Clause Inclusion for Fixed-Price Contracts
- Insert FAR 52.209-3 when first article approval and contractor testing are required.
- Use of Alternate I
- Use Alternate I if both the first article and production quantity are to be produced at the same facility.
- Use of Alternate II
- Use Alternate II if the contractor is authorized to purchase materials or start production before first article approval.
- Clause Inclusion for Cost-Reimbursement Contracts
- Insert a substantially similar clause for cost-reimbursement contracts with the same alternates as above.
Responsibilities
- Contracting Officers: Must include the correct clause and alternates in solicitations and contracts based on contract type and production requirements.
- Contractors: Must comply with first article testing requirements and any conditions for early production or material purchase.
- Agencies: Ensure proper clause usage and monitor compliance with first article testing provisions.
Practical Implications
- Ensures clarity on when and how first article testing is to be performed by the contractor.
- Impacts contract preparation and compliance, especially regarding production timelines and material purchases.
- Common issues include failure to use the correct clause or alternate, leading to contract disputes or delays.
(a)
(1) The contracting officer shall insert the clause at 52.209-3, First Article Approval-Contractor Testing, in solicitations and contracts when a fixed-price contract is contemplated and it is intended that the contract require-
(i) First article approval; and
(ii) That the contractor be required to conduct the first article testing.
(2) If it is intended that the contractor be required to produce the first article and the production quantity at the same facility, the contracting officer shall use the clause with its Alternate I.
(3) If it is necessary to authorize the contractor to purchase material or to commence production before first article approval, the contracting officer shall use the clause with its Alternate II.
(b)
(1) The contracting officer shall insert a clause substantially the same as the clause at 52.209-3, First Article Approval—Contractor Testing, in solicitations and contracts when a cost-reimbursement contract is contemplated and it is intended that the contract require
(i) First article approval and
(ii) That the contractor be required to conduct the first article test.
(2) If it is intended that the contractor be required to produce the first article and the production quantity at the same facility, the contracting officer shall use a clause substantially the same as the clause at 52.209-3, First Article Approval—Contractor Testing, with its Alternate I.
(3) If it is necessary to authorize the contractor to purchase material or to commence production before first article approval, the contracting officer shall use a clause substantially the same as the clause at 52.209-3, First Article Approval—Contractor Testing, with its Alternate II.