(a) When it has been determined that first article approval is required and the testing will be performed by the contractor, the contracting officer shall follow the policies in 9.308-1(a)(90)-(93):
(90) Pre-solicitation.
(i) Ensure that-
(A) First article inspection and testing requirements are clearly stated;
(B) Sources currently waived for first article testing are identified, or a statement is present indicating there are no waived sources, when the clause at 52.209-9015 will be used (see 9.306(c)(90)(i));
(C) The number of calendar days allotted for the contractor to produce and test the samples is commensurate with the amount of time it will take the contractor to obtain materials, produce the samples, perform all the required tests, and prepare and submit the test report; and
(ii) Use two-party, negotiated acquisition procedures when acquiring items that require first article testing. Micro-purchase procedures and simplified acquisition procedures that solicit and/or award automatically shall not be used.
(91) Solicitation.
(i) (A) Insert the clause at FAR 52.209-3, First Article Approval, with its Alternate I. Complete the fill-ins with information in the Material Master, Product Assurance tab;
(B) Ensure the delivery schedule specified in the solicitation includes the number of calendar days allotted to the contractor for first article testing and submission of the test report; and the number of calendar days allotted to the Government to evaluate the First Article Test Report and provide disposition to the contractor; and
(C) (1) Select the Additive CLIN number for ““Contractor First Article Test (FAT) (including test report).” Insert the Inspection and Acceptance points under the Additive CLIN and in SAP.
(2) Identify the “Contractor First Article Test (FAT) (including test report)” quantity as “1 TE (TEST);” and
(ii) Insert the clauses in solicitations and contracts as prescribed at 9.308-1(a)(91)(ii)(A)-(C) below, including when acquisitions are conducted using FAR Part 12:
(A) 52.209-9017, First Article - Contractor Test - Additional Requirements; with its alternates as prescribed below, when applicable:
(1) Use Alternate I when the product specialist has communicated to the contracting officer that first article approval authority shall be delegated to the Defense Contract Management Agency (DCMA) Administrative Contracting Officer (ACO) whenever awardee will be required to perform contractor first article testing;
(2) Use Alternate II for clothing and textile (C&T) items;
(3) Use Alternate III when the Material Master, Product Assurance tab specifies terms for disposition of approved first article units that differ from the terms in FAR 52.209-3. The contracting officer shall complete the appropriate fill-in;
(4) Use Alternate IV when progress payments are authorized for the first article. Circumstances that justify the need for progress payments (such as when exceptionally high start-up costs are anticipated) and the basis for determining the maximum dollar value and/or percentage of total contract price shall be thoroughly documented in the contract file.
(5) Use Alternate V when the product specialist has communicated to the contracting officer that the item requires in-process verification of the first article manufacture by the cognizant Quality Assurance Representative (QAR).
(92) Evaluation of offers. Review the price offered for the “Contractor First Article Test (FAT) (including test report)” Additive CLIN. The price offered for the Contractor First Article Test (FAT) (including test report) must be determined fair and reasonable, in addition to the price offered for the production units. Evaluation shall be based in part on the terms for disposition of the first article units.
(93) Award of contract.
(i) When award is made for an item that requires “Contractor First Article Test (FAT),” the following requirements apply:
(A) Ensure the appropriate Additive CLIN numbers are established for “Contractor First Article Test (FAT) (including test report)” in the award document; and in SAP, upon funding of the award. Additive CLINs must be established for all FAT requirements (e.g., CLIN 9906, FAT Samples; CLIN 9907, FAT Report; etc.). Whether separately priced or not, a FAT Additive CLIN is a deliverable and must be accounted for. An Additive CLIN that was not separately priced in the quote/offer is still a deliverable, but it is not payable.)
(B) Provide notification by e-mail, including award number, NSN, and Additive CLIN number; and provide copy of award, if not available in Electronic Document Access (EDA), to the contracting officer and to:
(1) For awards issued by Defense Supply Center Columbus (DSCC):
Defense Supply Center Columbus
DSCC-BPI
P. O. Box 3990
Columbus, OH 43218-3990;
(2) For awards issued by Defense Supply Center Philadelphia (DSCP):
(i) Defense Supply Center Philadelphia
Bldg. 3 NASA
700 Robbins Avenue
Philadelphia, PA 19111; or
(ii) For acquisitions of Clothing and Textile (C&T) items; Medical and
Subsistence items; and Meal, Ready-To-Eat (MRE) and Tray Pack
Items, the contracting officer, who acts as FAT/Testing Monitor;
(3) For awards issued by Defense Supply Center Richmond (DSCR):
Test Coordinator Office
DSCR.Test&[email protected];
(4) For awards issued by Naval Surface Warfare Center, Carderock
Naval Surface Warfare Center
Code 954, BLDG 77L
Philadelphia Business Center
Carderock Division
Philadelphia, PA 19112-5083
ATTN: Long Nguyen
Tel: (215) 897-1146
(5) For awards issued by Naval Sea Systems Command, Washington Navy
Naval Sea Systems Command
Sea 05M3
1333 ISAAC Hull Avenue
SE Stop 5160
Washington Navy Yard, DC 20376-5160
ATTN: John Kallinikos
Tel: (202) 781-3729
(C) Ensure all appropriate documents are placed in the Electronic Contract File (ECF).
(ii) Outline agreements. When awarding outline agreements that include items with first article testing requirements, lock the Service Material line item on the delivery order, to prevent payment of the line prior to receipt of the testing/approval certification; and lock the “FAT” row in SAP.
(iii) When the clause at 52.209-3 was included in the solicitation, and it has been determined that the first article test and approval requirements will be waived for the awardee, the Contracting Officer shall reflect this in the award by taking the following actions:
(A) Insert the clause at 52.209-9020, First Article Testing Requirements Are Waived, in the award; and
(B) Use “Data Maintenance” to-
(1) Delete any reference to First Article Testing in the Purchase Order Test (POT); and
(2) Free-type the following statement in the POT:
FIRST ARTICLE TESTING REQUIREMENTS ARE WAIVED FOR THIS PROCUREMENT.
