Overview
FAR 9.308 prescribes the specific contract clauses and alternates to be used when a contract requires first article approval, distinguishing between testing performed by the contractor and testing performed by the Government.
Key Rules
- Contractor-Performed Testing (52.209-3): This clause is mandatory for fixed-price contracts and required in "substantially the same" form for cost-reimbursement contracts when the contractor is responsible for conducting the first article test.
- Government-Performed Testing (52.209-4): This clause is mandatory for fixed-price contracts and required in "substantially the same" form for cost-reimbursement contracts when the Government is responsible for conducting the test.
- Alternate I (Facility Consistency): Used when the Government requires that the first article and the subsequent production quantity be manufactured at the same facility to ensure consistency in production standards.
- Alternate II (Early Production/Purchase): Used when the Government authorizes the contractor to acquire long-lead materials or begin production before receiving official first article approval, typically to meet aggressive delivery schedules.
Practical Implications
- Risk Allocation: The choice between 52.209-3 and 52.209-4 determines which party bears the primary operational burden and technical risk of the testing process.
- Schedule Management: Contractors must carefully review if Alternate II is included; without it, any production or material costs incurred prior to first article approval are generally at the contractor's own risk and may not be reimbursable or protected.