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Current as of January 02, 2025 | Updated by Findlaw Staff
(a)(1) The contracting officer shall insert the clause at 52.209–3, First Article Approval—Contractor Testing, in solicitations and contracts when a fixed-price contract is contemplated and it is intended that the contract require—
(i) First article approval; and
(ii) That the contractor be required to conduct the first article testing.
(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 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 clause with its Alternate II.
(b)(1) The contracting officer shall insert a clause substantially the same as the clause at 52.209–3, First Article Approval—Contractor Testing, in solicitations and contracts when a cost-reimbursement contract is contemplated and it is intended that the contract require—
(i) First article approval; and
(ii) That the contractor be required to conduct 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 a clause substantially the same as the clause at 52.209–3, First Article Approval—Contractor 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 52.209–3, First Article Approval—Contractor Testing, with its Alternate II.
Cite this article: FindLaw.com - Code of Federal Regulations Title 48. Federal Acquisition Regulations System 48.9.308-1 Testing performed by the contractor - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-48-federal-acquisition-regulations-system/cfr-48-9-308-1/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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