Overview
This section establishes a specific, narrow definition for "approval" as it pertains to First Article Testing and Approval, ensuring there is no ambiguity regarding what constitutes government acceptance of a prototype or initial production item.
Key Rules
- Written Requirement: Approval must be provided in the form of a written notification; verbal or informal acknowledgments are not legally sufficient under this subpart.
- Designated Authority: The notification must be issued specifically by the Contracting Officer (CO).
- Actionable Event: The definition links approval directly to the formal acceptance of the first article's test results, rather than the physical item alone.
- Scope-Specific: This definition is restricted to the applications and requirements within FAR Subpart 9.3.
Practical Implications
- Contractors carry significant financial risk if they commence full-scale production based on verbal cues; they must wait for the official written notice from the Contracting Officer to ensure they are contractually protected.
- This rule prevents disputes regarding "de facto" approval, as the administrative record must contain a specific document accepting the test results before the contractor can proceed to the next phase of the contract.