As prescribed at 9.390, insert the following clause,
COMPATIBILITY TESTING REQUIREMENTS [SEP] 2008 - DLAD
(a) Compatibility testing is required and shall be performed by the Government.
(b) All units shall be sent by traceable means. If the material is going through the U. S. Postal Service, it shall be mailed as Certified or Registered mail with a notification of receipt registered.
(c) All transportation charges incurred in shipping compatibility units to and from Government facilities shall be paid by the Contractor.
(d) The Contractor shall immediately bring to the attention of the Contracting Officer any irregularity or discrepancy in specifications, drawings or test requirements. The specific problem must be identified in writing even though the initial communication, in the event of urgency, may be verbal. Any failure of the Contractor to act promptly in identifying contract specification problems, to request waivers or deviations, or to set forth the reasons for requesting action by the Government, which causes delays or prevents evaluation by the Government in a timely manner, shall be considered a delay attributable to the Contractor.
(e) When both first article testing and compatibility testing are required:
(1) The Contractor must successfully complete and receive approval of the first article test sample or the first article test report, as applicable, before compatibility testing commences. Before both first article approval and compatibility test approval, the acquisition of materials or components for, or commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor, and costs thereof shall not be allocable to this contract for (i) progress payments or (ii) termination settlements, if the contract is terminated for the convenience of the Government.
(2) If first article testing can or will result in the possibility of units being damaged or not being fully operational, the number of units required for compatibility testing will be in addition to the quantity required for first article testing and shall be from the same lot. If however, first article testing does not affect the operational capability nor damage the units, the first article units may be used to conduct compatibility testing.
(3) When different Government activities will be conducting the first article testing and the compatibility testing, the activity conducting the first article testing will, upon completion of the testing, return the units to the Contractor, who in turn will forward the units to the Government activity conducting the compatibility testing.
(4) After both first article testing and approval, the Government shall evaluate and test the compatibility test units for compliance to the contract requirements, including form, fit and function compatibility testing in the end item equipment. Units shall comply with any stated contract requirements and/or test parameters, if any, in addition to passing and/or complying with the form, fit and function compatibility testing.
(5) When both first article testing and compatibility testing are required and only the first article test units and/or first article test report are approved but the units fail compatibility testing, the Government has the right to terminate the contract for default. The Contractor shall be liable for all costs associated with the compatibility testing requirement.
(f) Conditions for waiver of compatibility testing:
(1) The Government reserves the right to waive the requirements for compatibility testing for those offerors of a product which:
(ii) Has previously met the compatibility testing requirements, has been accepted by the Government, and has not been found to be unsatisfactory; or
(iii) Has previously been approved by the original equipment manufacturer (OEM), providing the Offeror can demonstrate OEM approval and will certify it has no evidence of subsequent difficulty or disapproval by the OEM or any Government agency. (NOTE: Evidence of a prior purchase of test quantities by the OEM will not be considered acceptable evidence of approval.)
(2) Offerors who desire to be considered for waiver, including those previously approved, are to furnish the following information at time of offer under separate cover:
(i) Applicable contract No(s);
(ii) Previous purchaser (Government Agency);
(iii) Identity of item of production furnished (part number, type and model number, etc.);
(iv) Federal Stock Class of item furnished;
(v) Engineering control document and change number of item furnished;
(vi) Quantity and unit price of item furnished;
(vii) Evidence of prior qualification approval;
(viii) Evidence of subsequent difficulty or disapproval by the OEM or any Government agency, if applicable; and
(ix) Statement that the item offered will be of the same design and manufactured by the same methods and at the same facilities as the item previously approved.
(3) Material manufactured for stock by a manufacturer otherwise eligible for waiver of compatibility test requirements and manufactured subsequent to the time supplier achieved eligibility for said waiver need not be subjected to compatibility testing, provided the Offeror as a part of its offer (prior to opening time in the event of an advertised procurement) submits evidence establishing:
(i) The material was manufactured after the date the manufacturer received waiver of preproduction tests or was otherwise accepted by the Government as a qualified supplier without preproduction testing; and
(ii) The material was manufactured in accordance with the procurement data cited in the solicitation.
(End of clause)
