As prescribed in 9.306(c)(2)(ii), insert the following clause when a specification requires submission of drawings for Government approval prior to production of first article test units or production of contract quantity. Complete the fill-ins with information from the Material Master, Product Assurance tab:
DRAWING APPROVAL PRIOR TO PRODUCTION - (SEP 2008) - DLAD
(a) The Contractor shall forward [Contracting officer shall insert number of copies required] copies of the drawings required by specification [Contracting Officer shall insert title; number; and date of specification] to the Government agency identified below within 30 calendar days of the date the contract is awarded: [Contracting officer shall insert name of Government agency and mailing address in space provided below.}
GOVERNMENT AGENCY:
MAILING ADDRESS:
(b) The Contractor shall submit a copy of any letter forwarding drawings to another Government agency to the Contract Administrator (see “Issued By” block on page 1 of award document). Such letter shall cite the contract number to which the drawings are applicable.
(c) By written notice to the Contractor within 45 calendar days from receipt of the drawings, the Government shall either accept, conditionally accept, or disapprove the drawings. Notice of acceptance or conditional acceptance shall not relieve the Contractor from complying with all requirements of the specification and all other provisions of the contract. A notice of conditional acceptance shall state any further action required of the Contractor.
(d) Within 5 calendar days after receipt of written notice from the Government, the Contractor shall forward a copy of any correspondence from the approving agency and a cover letter citing the applicable contract number and the Defense Contract Management Agency (DCMA)
office as cited on the contract; and to the Contract Administrator (see “Issued By” block on page 1 of award document).
(e) If the drawings are disapproved, the Government may terminate for default, as stipulated in paragraph (f) below; or may request the Contractor to submit revised drawings to the Government agencies identified in paragraph (a) of this clause within a time specified by the Government. In addition, the Government may require the submission or resubmission of other drawings and documents which may be required for reference. The Government shall take action with respect to the revised drawings within 10 calendar days of receipt thereof. The Government reserves the right to require an equitable reduction in the contract price for any extension of the delivery schedule(s) and/or any additional costs to the Government related to revised drawing submissions. The Contractor shall make no changes to any accepted drawings.
(f) If the Contractor fails to deliver any drawings as required by this clause within the time(s) specified by this clause, or if the Government disapproves any drawings, the Contractor shall be deemed to have failed to make delivery within the meaning of the "Default" clause of this contract; and this contract shall be subject to termination for default, provided that failure of the Government in such event to terminate this contract for default shall not relieve the Contractor of his responsibility to meet all other specified delivery dates.
(g) Before drawing approval, the acquisition of materials or components for, or the commencement of production of the first article (if required) and/or the contract quantity is at the sole risk of the Contractor. Before drawing approval, the costs thereof shall not be allocable to this contract for (1) progress payments, or (2) termination settlements, if the contract is terminated for the convenience of the Government.
(h) The Government reserves the right to waive the requirement for submission of drawings and other data, as stated in paragraph (a) of this clause, upon receipt of satisfactory evidence that the Government has previously reviewed and approved identical drawings. Previous Government approval of drawings does not constitute waiver of any requirements set forth in this clause. Offerors who wish to request a waiver shall furnish evidence that prior Government approval is presently appropriate. This evidence shall include the contract(s) under which drawings for the identical item acquired in accordance with this specification were approved by the Government; a copy of the prior letter of approval; and any additional information as may be requested by the Contracting Officer. [Offeror shall insert information in space provided below, attach documentation to offer, or provide under separate cover to Contracting Officer.]
PRIOR GOVERNMENTAL ACCEPTANCE OF IDENTICAL DRAWINGS
CONTRACT NO.:
CONTRACTING ACTIVITY:
CONTRACT DATE:
(i) If the Government waives the requirement for submission of drawings and other data as described in paragraph (a) of this clause, the delivery schedule for submission of the first article, if any, and the delivery schedule for the production quantity shall be reduced by the number of calendar days allotted for submission and acceptance of such drawings and data. The earlier delivery schedule(s) shall not be a factor in evaluation for award.
(End of Clause)
