FAR 9.306—Solicitation requirements.
Plain-English Summary
FAR 9.306 tells contracting officers what must be included in solicitations when a procurement includes a first article testing and approval requirement. It covers both contractor-performed and Government-performed first article testing, including the performance characteristics the first article must meet, the detailed test requirements or tests to be performed, and the data that must be submitted in the approval report when the contractor performs the testing. It also requires solicitations to tell offerors when the first article requirement may be waived based on prior deliveries of identical or similar supplies, to allow alternative offers with and without first article testing when eligible, and to clearly explain how the first article relates to the contract quantity. The section further addresses delivery schedules for production quantities and, when applicable, the first article itself, including the rule that earlier delivery for waived testing cannot be used as an evaluation factor. In addition, solicitations must require submission of contract numbers to prove waiver eligibility, state whether the approved first article will become the manufacturing standard, include the Government’s estimated testing costs when Government testing is used and that cost is relevant to evaluation, and warn offerors that separately priced first article items or tests must not be materially unbalanced relative to production quantities. In practice, this section is about making the solicitation complete and fair so offerors can price accurately, understand waiver opportunities, and compete on a level playing field while the Government protects itself from defective or nonconforming production.
Key Rules
State first article requirements
The solicitation must identify the performance or other characteristics the first article must satisfy for approval. It must also describe the detailed technical test requirements, or the tests the Government will conduct, depending on who performs the testing.
Require approval report data
When the contractor is responsible for first article testing, the solicitation must specify the data that must be submitted in the first article approval test report. This ensures the Government receives enough information to evaluate whether the article meets the approval criteria.
Disclose waiver eligibility
Offerors must be informed that the first article requirement may be waived if they have previously delivered identical or similar supplies that were accepted by the Government. The solicitation may require contract numbers to document that eligibility.
Allow alternative offers
If the offeror is eligible for a waiver, the solicitation must permit alternative offers: one with testing and approval and one without it. This lets the Government compare pricing and delivery impacts fairly.
Explain relationship to contract quantity
The solicitation must clearly state how the first article relates to the production quantity, such as whether it is separate from, included in, or otherwise tied to the contract quantity. This avoids confusion about what is being delivered and when.
Set delivery schedules correctly
The solicitation must include a delivery schedule for the production quantity. The schedule may be the same regardless of waiver status, or it may allow earlier delivery if testing is waived and the Government wants earlier delivery; if so, that difference cannot be used as an evaluation factor.
Address first article delivery timing
When Government testing is used, the clause must include the delivery schedule for the first article itself. This ensures the offeror knows when the item must be submitted for testing before production can proceed.
Identify manufacturing standard status
The solicitation must state whether the approved first article will serve as the manufacturing standard. That matters because it affects how future production is measured and controlled.
Include Government testing cost when relevant
If the Government is responsible for first article testing and those costs are relevant to evaluation, the solicitation must include the Government’s estimated testing costs as an evaluation factor. This allows offerors to understand the full cost impact of the requirement.
Prevent materially unbalanced pricing
If first article items or tests are separately priced, the solicitation must inform offerors that those prices, in relation to production quantities, must not be materially unbalanced. This protects the Government from paying too much up front or otherwise distorting the price structure.
Responsibilities
Contracting Officer
Draft the solicitation so it fully describes the first article testing and approval requirement, including performance criteria, test requirements, report data, delivery schedules, waiver language, alternative offer instructions, manufacturing standard status, and any applicable Government testing cost information. The contracting officer must also ensure the solicitation warns against materially unbalanced pricing when first article items or tests are separately priced.
Contractor / Offeror
Review the solicitation to understand the first article approval criteria, testing obligations, waiver eligibility, and pricing structure. If eligible for waiver, the offeror may submit alternative offers and must provide contract numbers or other required documentation to prove prior acceptable deliveries.
Government Testing Activity / Technical Personnel
When the Government performs first article testing, define the tests the article will undergo and support the contracting officer with estimated testing costs when those costs are to be used in evaluation. Technical personnel also help ensure the solicitation’s requirements are clear and measurable.
Agency / Program Office
Provide the technical and schedule information needed to define the first article requirement, including whether the approved article will be the manufacturing standard and whether earlier delivery is desired if testing is waived. The agency must also support the contracting officer in determining whether Government testing costs should be included in evaluation.
Practical Implications
This section is a solicitation-drafting checklist: if a required item is missing, the solicitation may be ambiguous, unfair, or vulnerable to protest.
Contractors should look closely at waiver language and eligibility documentation, because prior accepted deliveries can eliminate testing costs and shorten schedules.
Pricing can be tricky when first article items are separately priced; offerors must avoid front-loading costs in a way that could be viewed as materially unbalanced.
Delivery schedules must be read carefully, especially where waived testing could allow earlier production delivery; that earlier schedule cannot be used to score offers if it is only tied to waiver status.
When the Government performs testing, the solicitation should make clear both the test process and any estimated testing cost impact, so offerors can price realistically and compare offers on the same basis.
Official Regulatory Text
Solicitations containing a testing and approval requirement shall- (a) Provide, in the circumstance where the contractor is to be responsible for the first article approval testing- (1) The performance or other characteristics that the first article must meet for approval; (2) The detailed technical requirements for the tests that must be performed for approval; and (3) The necessary data that must be submitted to the Government in the first article approval test report; (b) Provide, in the circumstance where the Government is to be responsible for the first article approval testing- (1) The performance or other characteristics that the first article must meet for approval; and (2) The tests to which the first article will be subjected for approval; (c) Inform offerors that the requirement may be waived when supplies identical or similar to those called for have previously been delivered by the offeror and accepted by the Government (see 52.209-3 (h) and 52.209-4 (i)); (d) Permit the submission of alternative offers, one including testing and approval and the other excluding testing and approval (if eligible under paragraph (c) of this section); (e) State clearly the first article’s relationship to the contract quantity (see paragraph (e) of the clause at 52.209-3 , First Article Approval-Contractor Testing, or 52.209-4 , First Article Approval-Government Testing); (f) Contain a delivery schedule for the production quantity (see 11.403 ). The delivery schedule may- (1) Be the same whether or not testing and approval is waived; or (2) Provide for earlier delivery when testing and approval is waived and the Government desires earlier delivery. In the latter case, any resulting difference in delivery schedules shall not be a factor in evaluation for award. The clause at 52.209-4 , First Article Approval-Government Testing, shall contain the delivery schedule for the first article; (g) Provide for the submission of contract numbers, if any, to document the offeror’s eligibility under paragraph (c) of this section; (h) State whether the approved first article will serve as a manufacturing standard; (i) Include, when the Government is responsible for first article testing, the Government’s estimated testing costs as a factor for use in evaluating offers (when appropriate); and (j) Inform offerors that the prices for first articles and first article tests in relation to production quantities shall not be materially unbalanced (see 15.404-1 (g)) if first article test items or tests are to be separately priced.