As prescribed in 9.308-2(a)(91)(ii)(A), insert the following clause:
(a) For the Lots/Items identified in this contract as requiring Government First Article Test (FAT) in accordance with the clause at FAR 52.209-4, the Contractor shall-
(1) Conform with technical requirements stated and/or referenced in the solicitation; including number of units to be produced, 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.
(2) Provide all facilities, equipment and personnel required to perform the examination and evaluation of the first article units 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 units or the required facilities, equipment or personnel, at the times specified in the above mentioned notice to the Contracting Officer.
(3)(i) At least fourteen (14) calendar days, or as otherwise specified in the contract, prior to the date when the Contractor will present the first articles to the QAR for inspection to determine compliance with specification requirements, provide written notice to:
(A) The Contracting Officer;
(B) The QAR; and
(C) The following:
(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.
(ii) When first article units are presented to the QAR, provide the Contractor’s certification that the same processes and facilities used to manufacture the first article units shall be used to manufacture the production units.
(iii) Prior to shipping the first article units to the Government testing facility specified in paragraph (a) of the clause FAR 52.209-4 (or resubmitting any first article units after conditional approval or disapproval by the Government testing facility), obtain a statement from the QAR that the first article units have been inspected and determined to comply with the specification requirements.
(4) Prepare shipping containers for first article units in accordance with the following:
(i) Exterior marking and shipping documentation.
(A) Mark packages containing first article units in bold letters, below and to the left of the address, as follows: “First Article Exhibits: Contract Number [Contractor insert] and Lot/Item Number [Contractor insert];” and
(B) Use a hard copy of the DD Form 250 as a packing list on the exterior of the shipping container, in accordance with MIL-STD-129, paragraph 5.3, Exterior Container Documentation.
(ii) Interior documentation requirements. Include the following with all shipments of first article units:
(A) Hard copies of the Statement of Inspection and DD Form 250, signed by the QAR;
(B) Copy of the contract, or those portions of the contract that pertain to the Government First Article Test (FAT) requirements;
(C) Copies of test reports, showing actual results;
(D) Material certifications;
(E) Process operations sheets;
(F) Copies of drawings used to manufacture the first article units. (Contractor may mark documents, as appropriate, to restrict from public disclosure and/or from Government use other than for evaluation);
(G) Contractor’s certification that the same processes and facilities used to manufacture the first article units shall be used to manufacture the production units;
(H) Documents required under a Contract Deliverables Requirements List, if applicable; and
(I) Any other documentation required by the contract;
(5)(i) Send all first article units by traceable means (e.g., Certified or Registered mail, United Parcel Service, Federal Express, etc.).
(ii) At the time first article units are shipped, provide copies of the signed DD Form 250, the QAR Statement of Inspection, and transportation tracking information to the-
(A) Contracting Officer; and
(B) Points of contact identified at paragraph (a)(3)(i)(C) of this clause.
(6) Submit first articles to the Government testing facility identified in paragraph (a) of the clause at FAR 52.209-4, within the number of calendar days from date of contract as specified in paragraph (a) of the clause at FAR 52.209-4; and
(7) Pay all costs incurred for transportation of first article units under this contract; and, if applicable-
(i) Costs of manufacturing and re-testing additional first articles; and
(ii) Administrative costs for re-procurement by the Government.
(b) The Contractor shall enter an offered price in the CLIN for “Government First Article Test (FAT)” that includes all costs associated with the production and testing of the first articles. Offers that do not cite a separate price for the “Government First Article Test (FAT)” CLIN, or do not specify there is a separate charge for the “Government First Article Test (FAT)”, shall be evaluated under the presumption that there is no separate charge for producing and testing the first article units.
(c) Upon completion of the first article testing, the Government test facility will submit its report of testing (in duplicate) to the Contracting Officer and to the points of contact identified at paragraph (a)(3)(i)(C) of this clause.
(d) If first article units are conditionally approved or disapproved, the Government shall take action in accordance with the clause at FAR 52.209-4.
(1) Final disposition of conditionally approved or disapproved first article units is determined at the discretion of the Government.
(2)(A) Disapproved first article units may be returned to the Contractor at the Government’s discretion, if the Contractor submitted the following information to the Contracting Officer and to the points of contact identified at paragraph (a)(3)(i)(C) of this clause within fifteen (15) calendar days after receiving notification of disapproval of the first article unit:
(1) Contractor’s complete “Ship To” address;
(2) Name of Contractor’s point of contact (POC)/addressee;
(3) Phone number of Contractor’s POC; and
(4) Transportation cost codes (e.g., Contractor’s FED-EX, DHL, UPS shipping account numbers, etc.).
(B) In the event the Contractor fails to provide the information required above, the Agency may, at its discretion, dispose of the material.
(End of clause)
ALT I (SEP 2008) As prescribed in 9.308-2(a)(91)(ii)(B), insert the following paragraph (a)(2) in lieu of paragraph (a)(2) in the basic clause:
(a)(2) Provide written notice to the Contracting Officer and the cognizant Quality Assurance Representative (QAR) at least fourteen (14) calendar days, or as otherwise specified in the contract, prior to manufacture of the first articles, to accommodate an in-process verification of the first article manufacture by the QAR. Provide all facilities, equipment and personnel required to perform the examination and evaluation of the first article units 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 units or the required facilities, equipment or personnel, at the times specified in the above mentioned notice to the Contracting Officer.
ALT II (SEP 2008) As prescribed in 9.308-2(a)(91)(ii)(C),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) At least fourteen (14) calendar days (or as otherwise provided in the contract) prior to the manufacture and testing of the first article units, provide written notice to the Contracting Officer and the Inspecting Activity Quality Assurance Representative (QAR). The QAR shall witness the production and testing of the first articles. 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 complete appropriate fill-in 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 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 are 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 9.308-2(a)(91)(ii)(D), insert the following paragraphs (a)(2)(i)-(iii) in lieu of paragraph (a)(2) in the basic clause:
(a)(2)(i) At least fourteen (14) calendar days (or as otherwise provided in the contract) prior to the manufacture and testing of the first article unites, provide written notice to the Contracting Officer and the Inspecting Activity Quality Assurance Representative (QAR). The QAR shall witness the production and testing of the first articles. 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) For medical devices requiring FDA approval, all documentation, to include first article examination and testing reports, shall be submitted to the following at least ten (10) calendar days prior to presentation of the first article:
(A) Food and Drug Administration
Medical Products Quality Assurance Staff
Device Section (HFC-122)
5600 Fisher Lane
Rockville, MD 20857;
(B) Food and Drug Administration
Analytical Center
109 Holton Street
Winchester, MA 01890; and
(C) Defense Supply Center Philadelphia
Directorate of Medical Materiel
Quality Assurance Division (DSCP-MQ)
700 Robbins Avenue
Philadelphia, PA 19111-5092
(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 IV (SEP 2008) As prescribed in 9.308-2(a)(91)(ii)(E), insert the following paragraphs (a)(2)(i)-(iii) in lieu of paragraph (a)(2) in the basic clause:
(a)(2)(i) At least fourteen (14) calendar days (or as otherwise provided in the contract) prior to the manufacture and testing of the first article unites, provide written notice to the Contracting Officer and the Inspecting Activity Quality Assurance Representative (QAR). The QAR shall witness the production and testing of the first articles. 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) This acquisition is for Meal, Ready-To-Eat (MRE), and Tray Pack Items. In addition to any other requirements in this clause that apply, samples of first article production, for examination and testing, will be randomly selected by the USDA employee in the quantity required by the quality assurance provisions of the item specification. In addition, the USDA employee will randomly select and hold 270 samples for use by USDA and 32 more samples for use by Natick. Once the USDA passes the lot for all examination and test requirements as specified in the item specification, the set of 32 samples will be forwarded to Natick for evaluation of overall appearance and palatability. Should the Contractor at any time plan to, or actually produce the product using different raw material or process methodologies from the approved first article, the Contractor shall arrange for a new or additional first article sample approval. Any resubmission of first article samples shall be in accordance with the above. In any event, all product produced under this contract must meet all requirements of the specification, including first article comparison.
(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 V (SEP 2008) As prescribed in 9.308-2(a)(91)(ii)(F), insert the following paragraph (a)(2)(i)-(ii) in lieu of paragraph (a)(2) in the basic clause:
(a)(2)(i) MIL-STD-1525B (USAF) applies. Laboratory testing of items will be performed on samples of materials selected and submitted by a Government Quality Assurance Representative (QAR) in accordance with paragraph 5.2 of MIL-STD-1525B (USAF). Such samples, along with a copy of the Contractor’s test report(s) for the lot of material represented by the sample, shall be packed, marked and shipped by the Contractor to:
77AESG
648AESS/TAT
ATTN: First Article/Textile Monitor
7980 Lindbergh Landing (Building 578)
Brooks City-Base, TX 78235-5119
(a)(2)(ii) The Contractor shall submit initial textile samples with a DD Form 1222, Request for and Results of Tests. If the textile sample is disapproved, the Contractor, upon Government request, shall resubmit within the time period specified textile samples from a different lot for testing. Samples shall not be submitted from a failed lot without prior Government coordination and approval.
ALT VI (SEP 2008) As prescribed in 9.308-2(a)(91)(ii)(G), insert the following paragraphs (a)(1)(i)-(ii) in lieu of paragraph (a)(1) in the basic clause:
(a)(1)(i) 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
(a)(1)(ii) The following terms apply regarding disposition of first article units [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 during 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.
[___] The Government shall retain all first article units.
[___] The Government shall retain all the first article units; except that at least one approved first article unit shall be returned by the Government and retained by the Contractor at the production facility until all production quantities have been produced and accepted. This first article unit shall be considered a production guide or manufacturing standard if defects are reported on delivered material or problems are encountered during production.
[___] The Government shall not return the first articles to the Contractor, because the items shall be subjected to destructive testing.
[____] Other: ________________________________________________________________________
ALT VII (SEP 2008) As prescribed in 9.308-2(a)(91)(ii)(H), 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 manufacturers of the first article test sample shall be limited to [Contracting Officer shall complete appropriate fill-in]:
[____] ____% of the total contract price.
ALT VIII (SEP 2008) As prescribed in 9.308-2(a)(91)(ii)(I), insert the following paragraphs (b)(1)-(2) in lieu of paragraph (b) in the basic clause:
(b)(1) The Contractor shall enter an offered price in the CLIN for “Government First Article Test (FAT)” that includes all costs associated with the production and testing of the first article units. Offers that do not cite a separate price for the “Government First Article Test (FAT)” CLIN, or do not specify there is a separate charge for the “Government First Article Test (FAT)” CLIN,” shall be evaluated under the presumption that there is no separate charge for manufacturing and testing the first article units.
(2) The Government may determine that a quote is unacceptable if the prices proposed for first articles and first article tests are materially unbalanced in relation to production quantities. A quote is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and there is reasonable doubt that the quote will result in the lowest overall cost to the Government, even though it may be the low evaluated quote; or it is so unbalanced as to be tantamount to allowing an advance payment.
