FAR 52.209-4 - First Article Approval–Government Testing
Prescribed in 9.308-2(a)(1) and (b)(1) | |
Effective Date: | 1 September 1989 |
Clause or Provision: | Clause |
Provision or Clause Number: | 52.209-4 - First Article Approval–Government Testing |
Principle Type And/Or Purpose of Contract: | |
Required: | |
Applicable: | Fixed Price, Supply; Leasing of Motor Vehicles; Indefinite Delivery; Simplified Acquisition Procedures (Excludes Micro-Purchase) |
Optional: | Utility Services; Facilities; Dismantling, Demolition or Removal of Improvements; Fixed Price, Construction; Time & Material/Labor Hour; Cost Reimbursement, Construction; Fixed Price, Service; Cost Reimbursement, Supply; Cost Reimbursement, Service |
Subject: | First Article Approval |
ProcurementType: | |
Contract Threshold: | |
Prescription Overview: |
Prescription Overview(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.
(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. |
Clause Overview: |
Clause Overview(a) The Contractor shall deliver ___unit(s) of Lot/Item ___ within ____ calendar days from the date of this contract to the Government at ______ [insert name and address of the testing facility] for first article tests. The shipping documentation shall contain this contract number and the Lot/Item identification. The characteristics that the first article must meet and the testing requirements are specified elsewhere in this contract.
(2) Shall remove and dispose of any first article from the Government test facility at the Contractor’s expense.
AlternatesAlternate I (Jan 1997)As prescribed in 9.308-2(a)(2) and (b)(2), add the following paragraph (j) to the basic clause: (j) The Contractor shall produce both the first article and the production quantity at the same facility. Alternate II (Sept 1989)As prescribed in 9.308-2(a)(3) and (b)(3), substitute the following paragraph (h) for paragraph (h) of the basic clause: (h) Before first article approval, the Contracting Officer may, by written authorization, authorize the Contractor to acquire specific materials or components or to commence production to the extent essential to meet the delivery schedules. Until first article approval is granted, only costs for the first article and costs incurred under this authorization are allocable to this contract for (1) progress payments, or (2) termination settlements if the contract is terminated for the convenience of the Government. If first article tests reveal deviations from contract requirements, the Contractor shall, at the location designated by the Government, make the required changes or replace all items produced under this contract at no change in the contract price. |
Important Notes/Requirements: | |
Subcontract Threshold: | |
Incorporated by Reference: | Yes |
Uniform Contract Format: | I |
Editor: | Marshall |
Personal notes.