As prescribed at 9.391, insert the following clause:
GOVERNMENT FIT VERIFICATION TESTING [SEP] 2008 - DLAD
(a) This contract includes a requirement for Government fit verification testing, which consists of testing the unit on the aircraft for form, fit, and function.
(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 Government fit verification testing 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 Government fit verification testing are required:
(1) The Contractor must successfully complete and receive approval for the first article testing and/or the first article test report before Government fit verification testing commences. Before both first article approval and Government fit verification test approval, the acquisition of materials or components, or the 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 Government fit verification 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 Government fit verification testing.
(3) After both first article testing and approval, the activity conducting the first article testing will return the units to the Contractor, who in turn will forward the units to the Government activity conducting the Government fit verification testing.
(4) When both first article testing and Government fit verification testing are required and only the first article test units and/or first article test report are approved but the units fail Government fit verification testing, the Government has the right to terminate the contract for default. The Contractor shall be liable for all costs associated with the Government fit verification testing requirement.
(End of clause)
