As prescribed in 9.308-1(a)(91)(ii)(A), insert the following clause:
FIRST ARTICLE - CONTRACTOR TESTING - ADDITIONAL REQUIREMENTS (SEP 2008) - DLAD
(a) For the Lots/Items identified in this contract as requiring “Contractor First Article Test (FAT) (including test report)” in accordance with the clause at FAR 52.209-3, the Contractor shall-
(1) Conform with technical requirements stated and/or referenced in the solicitation; including number of units to be tested, data required, performance or other characteristics that the first articles shall meet, sequence of processes, tests to which the first articles shall be subjected, and conformance criteria for each requirement specified; and
(2) Provide all facilities, equipment and personnel required to perform the examination and evaluation of the first article when first article testing will be conducted at the Contractor's plant. The Government reserves the right to charge the Contractor for any additional costs of examination and evaluation caused by failure of the Contractor to make available the first article or the required facilities, equipment or personnel, at the time the Contractor advised the testing would take place (see paragraph (a) of the clause at FAR 52.209-3).
(3) Prepare and disseminate the First Article Test Report as follows:
(i) Prepare the Test Report in accordance with Data Item Description DI-NDTI-80809B, entitled, “Test/Inspection Report;”
(ii) Mark the Test Report, “First Article Test Report - Contract Number: [Contractor insert Contract Number] and Lot/Item Number: [Contractor insert Lot/Item Number];”
(iii) Present the Test Report to the Inspecting Activity Quality Assurance Representative (QAR) for review. The QAR will-
(A) Prepare recommendations;
(B) Countersign the First Article Report;
(C) Forward two copies to the Contracting Officer at the buying activity; and
(D) 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):
DSCC FAT Monitor
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
ATTN: First Article/Testing Monitor
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):
Defense Supply Center Richmond
Test Coordinator Office
DSCR.Test&EvaluationOffice@dla.mil;
(4) For awards issued by Naval Surface Warfare Center, Carderock
Division:
Commanding Officer
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
Yard:
Commander
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
(iv) Submit the First Article Test Report to the Government activity specified in the contract within the number of calendar days from date of contract (or date of first delivery order, for indefinite delivery contracts) specified in the contract; accompanied by -
(A) DD Form 250, Material Inspection and Receiving Report, signed by the QAR and indicating Contract Quality Assurance was accomplished prior to signing the DD Form 250; and
(B) Contractor’s certification that the same processes and facilities used to manufacture the first article units will be used to manufacture the production units; and
(4) Pay all costs incurred for transportation of first article samples and test reports under this contract; and, if applicable, any costs of manufacturing and re-testing additional first articles, and administrative costs to the Government for re-procurement.
(b) The Contractor shall enter an offered price in the CLIN for “Contractor First Article Test (FAT) (including test report)” that includes all costs associated with the production and testing of the first articles and the preparation of the First Article Test Report. Offers that do not cite a separate price for the “Contractor First Article Test (FAT) (including test report)” CLIN, or do not specify there is a separate charge for the “Contractor First Article Test (FAT) (including test report)” shall be evaluated under the presumption that there is no separate charge for the production and testing of the first articles and the preparation of the First Article Test Report.
(End of clause)
ALT I (SEP 2008) As prescribed in 9.308-1(a)(91)(ii)(A)(1), add the following paragraphs (c)(1)-(2) to in the basic clause:
(c)(1) NOTICE TO CONTRACTOR: The Defense Contract Management Agency (DCMA) Administrative Contracting Officer (ACO) is delegated (in accordance with FAR 42.202(c)) the authority to approve/disapprove the First Article Test Report submitted in accordance with the requirements in this contract (52.209-9017 and FAR 52.209-3). Any reference to the Contracting Officer as it relates to submission of and approval/disapproval of the FAT Report shall be deemed to mean the DCMA ACO.
(2) NOTICE to ACO: The DCMA ACO shall forward a copy of the First Article Test Report and the DCMA ACO’s letter of approval/disapproval to the Contracting Officer at the buying activity and to the buying activity test coordinator (see paragraph (a)(3)(iii)(D) of this clause.
ALT II (SEP 2008) As prescribed in 9.308-1(a)(91)(ii)(A)(2), insert the following paragraphs (a)(2)(i)-(iii) in lieu of paragraph (a)(2) in the basic clause. The contracting officer shall complete the fill-ins in paragraph (a)(2)(ii) with information in the Material Master, Product Assurance tab.
(a)(2)(i) Provide written notice to the Contracting Officer and the Inspecting Activity Quality Assurance Representative (QAR) of the date, time, and location when the first articles will be manufactured and tested. The Contractor shall provide this notice in accordance with the time frame specified in the contract (see paragraph (a) of the clause at FAR 52.209-3). The QAR shall witness the production and testing of the first articles. The Government reserves the right to charge the Contractor for any additional costs of examination and evaluation caused by failure of the Contractor to make available the first article units, or required facilities, equipment or personnel, at the time the Contractor specified in its notice to the Government. The same criteria for the acceptance of a Certificate of Compliance for the components of the entire contract quantity shall apply to the acceptance of the first article components, unless specifically stated otherwise. Materials used in fabrication of first articles shall be in strict conformity with the applicable specification of the contract, unless the Contracting Officer authorizes otherwise. In the event of a conflict between the applicable specification and the first article, the specification shall prevail. Prior to the approval of the first article, the Contractor shall not initiate any cutting or otherwise use any Government-furnished property beyond that required for the first article quantities.
(a)(2)(ii) The first article will be approved [Contracting Officer shall indicate appropriate provision below]:
[____] After inspection indicates that it meets the contractual requirements. The inspection shall be conducted on a sample drawn in accordance with contractual requirements.
[____] If the examination indicates one of the following, whichever is applicable:
(1) No dimensional defect is found nor are more than 10% of the units examined found to contain major or minor "A" defects; or
(2) No dimensional defect is found nor are more than 10% of units examined found to contain 3 or 2 point defects; or
(3) When the classification of defects contains only major or minor defects or only one class of defects, and no dimensional defect is found nor more than 10% of the units examined found to contain a defect.
[____] Other: _____________________________________________________________________________
(a)(2)(iii) In the event the Government determines that, as a basis for granting conditional first article approval, a corrective action plan is needed to confirm that first article deficiencies are readily correctable in production, the Contracting Officer will notify the Contractor, in writing, of the requirement to submit such plan to the Contracting Officer within ten (10) working days after receipt of the Government notification. The corrective action plan must clearly detail how the Contractor intends to correct cited deficiencies. Should there be insufficient time to obtain a corrective action plan and comply with the timeframe allotted for notification of the Contractor of first article acceptability by the Government, the Contracting Officer shall request from the Contractor an extension to the time period for first article approval. In the event the Contractor (1) does not submit the corrective action plan within the ten (10) working day timeframe, (2) refuses to extend the stated time period for first article approval, or (3) submits an otherwise unacceptable plan, and the deficiencies are such that the Government cannot determine them to be readily correctable without further proof from the Contractor, then the Government shall take action to disapprove the first article.
ALT III (SEP 2008) As prescribed in 9.308-1(a)(91)(ii)(A)(3), add the following paragraph (a)(3)(v) to the basic clause:
(a)(3)(v) Comply with the following terms for disposition of first articles [Contracting Officer shall complete appropriate fill-in]:
[____] The Contractor shall hold at least one approved first article unit at the production facility until all production quantities have been produced and accepted. (In the case of indefinite delivery contracts, the Contractor shall hold the first article unit until final production run has been approved and accepted on the first delivery order.) This first article unit shall be considered a production guide or manufacturing standard if defects are reported on delivered material or problems are encountered production.
[____] The Contractor shall retain all first article units as production standards. The Contractor shall not submit the first article units for acceptance as part of the order quantity.
[____] Other: ________________________________________________________________________
ALT IV (SEP 2008) As prescribed in 9.308-1(a)(91)(ii)(A)(4), insert the following paragraph (a)(1) in lieu of paragraph (a)(1) in the basic clause:
(a)(1) Conform with technical requirements stated and/or referenced in the solicitation; including number of units to be tested, data required, performance or other characteristics that the first articles shall meet, sequence of processes, tests to which the first articles shall be subjected, and conformance criteria for each requirement specified. Until notification of first article test is received, the aggregate amount of progress payments applicable to manufacturer s of the first article test sample shall be limited to [Contracting Officer shall complete appropriate fill-in]:
[____] ____% of the total contract price.
ALT V (SEP 2008) As prescribed in 9.308-1(a)(91)(A)(5), insert the following paragraph (a)(2) in lieu of paragraph (a)(2) in the basic clause.
(a)(2) Provide advance written notice at least fourteen (14) calendar days (or as otherwise specified in the contract) to the Contracting Officer and the Inspecting Activity Quality Assurance Representative (QAR) of the date, time, and location when the first articles will be manufactured and tested; so that the QAR may witness the tests. The Government reserves the right to charge the Contractor for any additional costs of examination and evaluation caused by failure of the Contractor to make available the first article units, or required facilities, equipment or personnel, at the time the Contractor specified in its notice to the Government (see paragraph (a) of the clause at FAR 52.209-3).
