52.209-4 First Article Approval-Government

Testing.

As prescribed in 9.308-2 (a) and (b), insert the following clause:

First Article Approval-Government Testing (Sep 1989)

[Contracting Officer shall insert details]

(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.

(b) Within _____ calendar days after the Government receives the first article, the Contracting Officer

shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the

first article. The notice of conditional approval or approval shall not relieve the Contractor from

complying with all requirements of the specifications and all other terms and conditions of this

contract. A notice of conditional approval shall state any further action required of the Contractor. A

notice of disapproval shall cite reasons for the disapproval.

(c) If the first article is disapproved, the Contractor, upon Government request, shall submit an

additional first article for testing. After each request, the Contractor shall make any necessary

changes, modifications, or repairs to the first article or select another first article for testing. All

costs related to these tests are to be borne by the Contractor, including any and all costs for

additional tests following a disapproval. The Contractor shall furnish any additional first article to

the Government under the terms and conditions and within the time specified by the Government.

The Government shall act on this first article within the time limit specified in paragraph (b) of this

clause. The Government reserves the right to require an equitable adjustment of the contract price

for any extension of the delivery schedule or for any additional costs to the Government related to

these tests.

(d) If the Contractor fails to deliver any first article on time, or the Contracting Officer disapproves

any first article, the Contractor shall be deemed to have failed to make delivery within the meaning

of the Default clause of this contract.

(e) Unless otherwise provided in the contract, the Contractor-

(1) May deliver the approved first article as a part of the contract quantity, provided it meets all

contract requirements for acceptance and was not consumed or destroyed in testing; and

(2) Shall remove and dispose of any first article from the Government test facility at the Contractor’s

expense.

(f) If the Government does not act within the time specified in paragraph (b) or (c) of this clause, the

Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under

the Changes clause of this contract the delivery or performance dates and/or the contract price, and

any other contractual term affected by the delay.
(g) The Contractor is responsible for providing operating and maintenance instructions, spare parts

support, and repair of the first article during any first article test.

(h) Before first article approval, the acquisition of materials or components for, or the

commencement of production of, the balance of the contract quantity is at the sole risk of the

Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for

(1) progress payments, or (2) termination settlements if the contract is terminated for the

convenience of the Government.

(i) The Government may waive the requirement for first article approval test where supplies

identical or similar to those called for in the schedule have been previously furnished by the

Offeror/Contractor and have been accepted by the Government. The Offeror/Contractor may request

a waiver.

(End of clause)

Alternate 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.

Parent topic: 52.209 [Reserved]