9.308-2 Testing performed by the Government
Source: FAR 9.308-2 on acquisition.gov
Always ensure the correct First Article Approval-Government Testing clause and its appropriate alternate are included in contracts when the Government conducts first article testing.
Overview
FAR 9.308-2 outlines the requirements for including the First Article Approval-Government Testing clause (FAR 52.209-4) in solicitations and contracts when the Government will conduct first article testing. This applies to both fixed-price and cost-reimbursement contracts where first article approval is required. The regulation specifies when to use the basic clause and when to use its alternates, depending on whether production and first article testing occur at the same facility or if early production/material purchase is authorized before first article approval.
Key Rules
- Clause Inclusion for Fixed-Price Contracts
- The contracting officer must include FAR 52.209-4 in fixed-price contracts requiring first article approval with Government testing.
- Use of Alternate I
- Alternate I is required if the contractor will produce both the first article and production quantity at the same facility.
- Use of Alternate II
- Alternate II is required if the contractor is authorized to purchase material or start production before first article approval.
- Cost-Reimbursement Contracts
- For cost-reimbursement contracts, a clause substantially the same as FAR 52.209-4 must be used, with the same alternates applied as appropriate.
Responsibilities
- Contracting Officers: Must ensure the correct clause and alternates are included in solicitations and contracts based on contract type and production/testing arrangements.
- Contractors: Must comply with the requirements of the inserted clause, including first article production, testing, and any restrictions on production or material purchase.
- Agencies: Must oversee compliance with clause requirements and ensure proper contract administration.
Practical Implications
- This section ensures that first article testing requirements are clearly communicated and contractually enforced, reducing risk of nonconforming products.
- Contractors must be aware of which clause version applies to their contract to avoid unauthorized production or material purchases.
- Common pitfalls include failing to use the correct clause alternate or misunderstanding the timing of production authorization.
(a)
(1) The contracting officer shall insert the clause at 52.209-4, First Article Approval-Government Testing, in solicitations and contracts when a fixed-price contract is contemplated and it is intended that the contract require first article approval and that the Government will be responsible for conducting 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 the basic 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 basic clause with its Alternate II.
(b)
(1) The contracting officer shall insert a clause substantially the same as the clause at 52.209-4, First Article Approval-Government Testing, in solicitations and contracts when a cost-reimbursement contract is contemplated and it is intended that the contract require first article approval and that the Government be responsible for conducting 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 52.209-4, First Article Approval-Government 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 52.209-4, First Article Approval-Government Testing, with its Alternate II.