As prescribed in 9.390, insert the following clause:
COMPATABILITY TESTING APPROVAL - GOVERNMENT TESTING [SEP] 2008 - DLAD
(a) The Contractor shall deliver [Contracting Officer insert number of units] units of Lot/Item [Contracting Officer insert Lot/Item number] within [Contracting Officer insert number of days] calendar days from the date of this contract to the Government at [Contracting Officer insert name and address of testing facility] for the purpose of compatibility testing.
(b) Any packages containing compatibility testing units shall be marked in bold letters, below and to the left of the address, as follows:
COMPATIBILITY UNITS
Contract Number [Contractor insert contract number]
Lot/Item No: [Contractor insert Lot/Item No.].
(c) Within [Contracting Officer insert number of days] calendar days after the Government receives the units, the Contracting Officer shall notify the Contractor, in writing, of the results of compatibility testing, e.g., approval, conditional approval or disapproval. The notice of approval or conditional approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval.
(d) If the units fail compatibility testing, the Contractor, upon Government request, shall submit additional units for testing. After each request, the Contractor shall make any necessary changes, modifications, or repairs to the units, or provide necessary changes, modifications, or repairs to the units, or provide other units for testing. All costs related to these tests are to be borne by the Contractor, including any and all Government costs for additional tests following disapproval. The Contractor shall furnish all additional units to the Government under the terms and conditions and within the time specified by the Government. The Government shall act on units within the time limit specified in paragraph (c) above. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule or for any additional costs to the Government related to these tests.
(e) If the Contractor fails to deliver any units on time, or the Contracting Officer disapproves any units, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default Clause of this contract, and the contract may be terminated for default with no liability on the Government's part. If units fail compatibility testing and this requirement was the sole item on the contract, the Contractor shall be deemed to have failed to perform, and the contract may be terminated for default with no liability on the Government's part.
(f) If the Government does not act within the time specified in paragraph (c) above, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay.
(g) The Contractor shall produce the first article units (if applicable), the compatibility test units, and the production quantity at the same facility and shall submit to the appropriate quality assurance specialist a statement to this effect with each unit.
(h) Upon completion of the testing, compatibility test units submitted for Government testing will be-
[ ] (1) Retained by the Government. At least one approved test unit shall be returned to the Contractor and held at the production facility until all production quantities have been produced and accepted. This compatibility unit can be referred to as a production or manufacturing standard and baseline for examination when defects are reported on delivered material or problems are uncovered during production;
[ ] (2) Returned to the Contractor as production standards and baseline for examination when defects are reported on delivered material or problems are uncovered during production, but shall not be submitted for acceptance as part of the order quantity; or
[ ] (3) Other: [Contracting Officer insert disposition information].
(End of clause)
