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DSCR

DSCR E9B: PRODUCT VERIFICATION TESTING

E9B   52.246-9004    PRODUCT VERIFICATION TESTING    DLAD (AUG 1997)

    (a)  REFERENCES:  The applicable documents are the issues of 
Federal Acquisition Regulation (FAR) Clause 52.246-2, "Inspection 
of Supplies-Fixed Price," and ANSI/ASQC Z1.4-1993, Sampling Plan 
and Tables for Inspection by Attributes which are in effect on 
the date of solicitation for awards resulting from Invitation for 
Bids and date of award for all other contractual actions.  These 
documents form the basis for the Government's right to perform 
product verification testing (PVT) of this product.  FAR 52.246-2 
is hereby incorporated by reference into the contract if not otherwise 
called out in the purchase document.

    (b)  The contractor is responsible for ensuring that supplies are 
manufactured, produced, and subjected to all tests required by applicable 
material specifications/drawings specified in the purchase description 
of the contract.  Notwithstanding any other clause to the contrary, 
and/or in addition thereto, the Government reserves the right to conduct 
PVT to ascertain if any or all requirements of the purchase identification 
description contained elsewhere herein are met prior to final acceptance.

    (c)  On any given contract, the Government may require PVT through a 
Government-designated testing laboratory on the contract or production lot 
at Government expense.  Testing will consist of chemical and/or mechanical/
dimensional conformance tests as the Government deems necessary.  When 
material under the contract is designated by the Contracting Officer/ 
Administrative Contracting Officer for such test, the Government inspector 
will select a sample size in accordance with MIL-STD-105, Inspection Level 
S-2, randomly from the contract or production lot, and send the samples 
to a designated laboratory for testing.  Where origin inspection is specified, 
the contractor agrees to make available, at the Government's request, at 
the manufacturing facility, subcontracting facility, and/or final point 
of inspection, the quantity selected by the CAO QAR to verify that the 
entire lot tendered meets the requirements of the contract.  The Government 
shall be permitted to select such samples at random from the production 
lot tendered for acceptance.

    (d)  (This subparagraph pertains only to contracts and bilateral 
purchase orders.)

         (1)  The PVT samples will be sent, by the Government and at 
Government expense, to a Government-designated testing laboratory for 
product verification.  The Government will notify the contractor of the 
results of the testing within 15 working days of receipt of the samples 
by the Government.  If the Government fails to act within the period set 
forth herein for notification, the Contracting Officer shall, upon timely 
written request, equitably adjust, under the Changes Clause of the contract, 
the delivery or performance dates and/or the contract price and any other 
contractual term affected by the delay.  The Government is not required 
to accept/reject the supplies tendered until after receipt of the PVT test 
results.

         (2)  The Government shall have the option to require the contractor 
to screen the entire lot tendered for any defects noted by the PVT Testing.  
Any defects so found shall be corrected before retendering the lot for 
acceptance by the Government.  Further, the Government may subject this lot 
to additional PVT testing.  If the Government disapproves the lot tendered 
for acceptance because of a failure to pass the PVT, the contractor shall be 
deemed to have failed to make delivery within the meaning of the default 
clause of this contract.  In such case, the Government reserves all rights 
and remedies to which it is otherwise entitled by law, regulation, or this 
contract.

    (e)  (This subparagraph pertains only to unilateral purchase orders.)

         (1)  The PVT samples will be sent by the Government and at 
Government expense, to a Government-designated testing laboratory for product 
verification.  The Government will notify the contractor of the results of 
the testing within 15 working days after receipt of the samples by the 
Government.  If the Government fails to act within the specified time period 
set forth herein for notification, the Contracting Officer shall, upon timely 
written request from the contractor, incorporate FAR Clause 52.243-1, 
"Changes - Fixed Price," into the purchase order, and equitably adjust the 
delivery or performance date and/or the price and any other terms affected by 
the delay.  The Government is not required to accept/reject the supplies 
tendered until after receipt of the PVT test results.

         (2)  The Government shall have the option to require the contractor 
to screen the entire lot tendered for any defects noted by the PVT.  Any 
defects so found shall be corrected before retendering the lot for acceptance 
by the Government.  Further, the Government may subject this lot to additional
PVT.  If the Government disapproves the lot tendered for acceptance because of 
a failure to pass the PVT, the Government has the right to reject the entire 
offer, thereby releasing the parties from further obligations under the 
purchase order.