FAR 52.209-4—First Article Approval-Government Testing.

Deliver first article on schedule

The contractor must deliver the required number of first article units, identified by lot/item, to the designated Government test facility within the specified calendar days. The shipping documents must identify the contract number and lot/item so the Government can track the submission.

Government must act promptly

After receipt, the Contracting Officer must notify the contractor in writing of conditional approval, approval, or disapproval within the stated time. A conditional approval must identify any remaining actions, and a disapproval must state the reasons.

Approval does not waive compliance

Even if the first article is approved or conditionally approved, the contractor remains responsible for meeting all specification requirements and all other contract terms. First article approval is not a blanket acceptance of the production item or a release from contract compliance.

Disapproval triggers resubmission and contractor cost

If the first article is disapproved, the Government may request another first article. The contractor must make needed changes, repairs, or substitutions, and all related testing costs, including additional tests after disapproval, are borne by the contractor unless the contract provides otherwise.

Late delivery or disapproval can be default

Failure to deliver the first article on time, or disapproval of the first article, is treated as a failure to make delivery for purposes of the Default clause. This gives the Government a potential basis for termination or other default remedies.

Approved article may or may not count as production

Unless the contract says otherwise, the contractor may deliver the approved first article as part of the contract quantity if it still meets all acceptance requirements and was not consumed or destroyed in testing. The contractor must also remove and dispose of the test article at its own expense.

Government delay can require equitable adjustment

If the Government does not act within the required time, the contractor may submit a timely written request for an equitable adjustment to delivery dates, performance dates, price, or other affected terms. The adjustment is made under the Changes clause.

Contractor supports the test article

The contractor is responsible for operating and maintenance instructions, spare parts support, and repair of the first article during testing. This ensures the test article can be evaluated under realistic conditions.

Pre-approval production is at contractor risk

Before first article approval, the contractor bears the risk of buying materials or starting production for the balance of the contract quantity. Under the basic clause, those costs are not allocable to progress payments or convenience termination settlements before approval.

Waiver may be available

The Government may waive first article testing if identical or similar supplies previously furnished by the offeror or contractor were accepted by the Government. The contractor may request the waiver, but the Government decides whether to grant it.

Alternate I requires same facility production

When Alternate I is used, the contractor must produce both the first article and the production quantity at the same facility. This helps ensure the approved configuration and manufacturing process match the production source.

Alternate II allows limited early authorization

Under Alternate II, the Contracting Officer may authorize early acquisition of specific materials or components, or limited production, when needed to meet delivery schedules. Costs incurred under that authorization, and first article costs, may be allocable before approval, but if the first article fails, the contractor may have to correct or replace all items at no change in price.

Contracting Officer

Specify the number of first article units, delivery date, test facility, and decision deadline in the contract; receive and evaluate the first article; issue written approval, conditional approval, or disapproval with reasons; request additional first articles if needed; decide whether to waive first article testing; process timely requests for equitable adjustment when Government delay occurs; and, under Alternate II, issue written authorization for limited early material acquisition or production.

Contractor

Deliver the first article on time with proper identification; ensure the article meets the contract’s technical requirements; respond to conditional approval or disapproval by making required changes, repairs, or substitutions; bear testing costs after disapproval; provide operating and maintenance instructions, spare parts support, and repair during testing; remove and dispose of the test article unless the contract says otherwise; avoid premature production at its own risk unless authorized under Alternate II; and request waiver or equitable adjustment in writing when appropriate.

Government test facility

Receive the first article, conduct the required tests, and support the Government’s evaluation process. The facility must handle the article in accordance with the contract’s testing requirements and the Government’s decision timeline.

Offeror/Contractor seeking waiver

Demonstrate that identical or similar supplies previously furnished were accepted by the Government and request waiver of first article approval when eligible. The contractor must provide enough information for the Government to determine whether waiver is appropriate.