(a) When it has been determined that first article approval is required and the testing will be performed by the Government, the contracting officer shall follow the policies in 9.308-2(a)(90)-(93):
(90) Pre-solicitation.
(i) Ensure that-
(A) First article inspection and testing requirements are clearly stated;
(B) Sources currently waived for Government First Article Testing (FAT) 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)); and
(C) The number of calendar days allotted for the contractor to produce and deliver the first article units to the Government testing facility is commensurate with the amount of time it will take the contractor to obtain materials, produce the first article units, perform all the required tests, and deliver the first article units to the testing facility.
(ii) Use two-party, negotiated acquisition procedures when acquiring items that require Government First Article Testing. Micro-purchase procedures and simplified acquisition procedures that solicit and/or award automatically shall not be used.
(91) Solicitation. Insert the clauses as prescribed at 9.308-2(a)(91)(i)-(ii) below; with alternates, as applicable:
(i)(A) Insert the clause at FAR 52.209-4, First Article Approval - Government Testing, with its Alternate I;
(B) Complete the fill-ins in FAR 52.209-4 with information in the Material Master, Product Assurance tab; and
(C) Ensure the delivery schedule specified in the solicitation includes the number of calendar days allotted to the contractor to produce and deliver the first article units; and the number of calendar days allotted to the Government to test the first article units and provide disposition to the contractor; and
(D) (1) Insert the Additive CLIN number for “Government First Article Test (FAT).” Insert the Inspection and Acceptance points under the Additive CLIN and in SAP.
(2) Identify the “Government First Article Test (FAT)” quantity as “1 TE (TEST);” and
(ii) Insert the clauses in solicitations and contracts as prescribed below; including when acquisitions are conducted using FAR Part 12:
(A) 52.209-9018, First Article - Government Test - Additional Requirements; with its alternate(s) as prescribed below, if applicable-
(B) Use Alternate I 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).
(C) Use Alternate II for Clothing and Textile (C&T) items;
(D) Use Alternate III for Medical and Subsistence items. The contracting officer shall complete the appropriate fill-in in paragraph (a)(2)(ii) with information in the Material Master, Product Assurance tab; or, if no alternative direction appears, mark “Other,” and insert “in accordance with contract terms.”
(E) Use Alternate IV for Meal, Ready-To-Eat (MRE) and Tray Pack Items;
(F) Use Alternate V when the purchase order text (POT) cites that MIL-STD-1525B applies;
(G) Use Alternate VI when the Material Master, Product Assurance tab specifies terms for disposition of the first article units that differ from the terms in FAR 52.209-4. The contracting officer shall complete the appropriate fill-in;
(H) Use Alternate VII when progress payments for the first article units are authorized in the contract. Circumstances justifying the need for progress payments (e.g., when exceptionally high start-up costs are anticipated, etc.) and the basis for determining the maximum dollar value and/or percentage of total contract price shall be thoroughly documented in the contract file.
(I) Use Alternate VIII in requests for quotes when Government first article test requirements apply, and the contracting officer determines its use is appropriate (e.g., if prior quoters for the item are known to have submitted unbalanced quotes in the past, etc.).
(92) Evaluation of offers.
(i) Review the price offered for the “Government First Article Test (FAT)” Additive CLIN. The price offered for “Government First Article Test (FAT)” 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.
(ii) If the provision at 52.209-9016, Evaluation of Offers - First Article Testing, was included in the solicitation, the Government’s estimated testing costs shall be used as a factor in evaluating offers.
(93) Award.
(i) When award is made for an item that requires “Government First Article Test (FAT),” the following requirements apply:
(A) Ensure the Additive CLIN numbers are established for “Government First Article Test (FAT)” in the award document; and in SAP, upon funding of the award (e.g., CLIN 9906, FAT Samples; CLIN 9907, FAT Report; etc.). Additive CLINs must be established for all FAT requirements. FAT 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 a 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).
(D) The FAT/Testing Monitor (or the contracting officer, when serving as the FAT/Testing Monitor) is responsible for providing notice to the testing facility upon receipt of the notice required from the contractor prior to the date when the contractor will present the first articles to the QAR for inspection.
(E) Outline agreements. When awarding outline agreements that include items that require “Government First Article Test (FAT),” lock the Service Material line item on the delivery order, to prevent payment of the line prior to receipt of test/approval certificate; and lock the FAT row in SAP.
(ii) Waiver of Government First Article Test (FAT). When the clause at 52.209-4 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;
(B) Select the appropriate Additive CLIN number in DPACS to indicate that first article testing requirements are “Waived;”
(C) Reduce the delivery schedule specified in the solicitation by the number of calendar days allotted to the contractor to produce and deliver the first article units; and the number of calendar days allotted to the Government to test the first article units and provide disposition to the contractor; and
(D) 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.
(90)
Use 52.209-9003, Pre-Award Sample(s), in solicitations for medical materiel. If the contracting officer determines that routine preaward survey techniques are inadequate or have failed to result in a conclusive determination of the prospective contractor’s responsibility, the clause allows the contracting officer to request a sample to verify responsibility.
1. Preaward samples may be required only when the contracting officer has included in the file written documentation detailing the reasons that a conclusive determination of the prospective contractor’s responsibility is not possible unless preaward samples are submitted for evaluation.
2. The clause shall not be used when any of the following conditions exist:
a. Sole source items
b. Rapid entry items
c. Military unique items
d. Repair parts
e. DVD purchases
f. Bid samples are required
g. First Article Testing is required
3. Insert in paragraph (a) the item number(s) and number of units required; insert in paragraph (c)(2) the number of days, not to exceed 20 days, needed to evaluate the samples.
