FAR 9.308-1—Testing performed by the contractor.
Plain-English Summary
FAR 9.308-1 tells contracting officers when to include the First Article Approval—Contractor Testing clause at FAR 52.209-3, and when to use its Alternate I or Alternate II. It covers two contract types: fixed-price contracts and cost-reimbursement contracts, and it distinguishes between situations where the contractor must both produce and test the first article, where the first article and production items will be made at the same facility, and where the contractor may need to buy material or start production before first article approval. The section exists to make sure the government can verify a contractor’s design, manufacturing, and quality capability before full-rate production begins, while also giving the contracting officer the right clause structure for the contract type and risk posture. In practice, this means the contracting officer must decide early whether first article approval is needed, whether the contractor will perform the testing, and whether production can begin before approval. For contractors, the clause can affect schedule, cost, facility planning, and the risk of rework or disapproval if the first article fails. The rule is especially important when the government wants to reduce technical risk before authorizing production quantities.
Key Rules
Use 52.209-3 for fixed-price
When a fixed-price contract is contemplated and the contract will require first article approval with the contractor performing the first article testing, the contracting officer must insert FAR 52.209-3, First Article Approval—Contractor Testing.
Use Alternate I for same facility
If the contractor is expected to produce the first article and the production quantity at the same facility, the contracting officer must use the clause with Alternate I. This ties the first article and production location together for planning and control purposes.
Use Alternate II for early start
If the contractor must be allowed to purchase material or begin production before first article approval, the contracting officer must use the clause with Alternate II. This permits limited early action while preserving the government’s first article approval rights.
Apply a similar clause for cost-reimbursement
When a cost-reimbursement contract is contemplated and first article approval with contractor testing is intended, the contracting officer must insert a clause substantially the same as FAR 52.209-3. The same Alternate I and Alternate II concepts apply in that setting.
First article approval must be intended
The clause is required only when the solicitation or contract is intended to require first article approval. If first article approval is not needed, this section does not require use of the clause.
Contractor must perform the test
This section applies specifically when the contractor, not the government, is required to conduct the first article test. If the government will perform the testing, a different clause structure may be appropriate.
Responsibilities
Contracting Officer
Determine whether first article approval is needed, whether the contractor will perform the testing, and whether the contract is fixed-price or cost-reimbursement. Insert FAR 52.209-3 or a substantially similar clause as required, and select Alternate I or Alternate II when the production location or early-start conditions apply.
Contractor
If the clause is included, produce the first article, conduct the required testing, and comply with the approval process before proceeding as allowed by the contract. When Alternate II is used, manage any authorized material purchases or early production carefully because those actions occur before first article approval and may create rework risk.
Agency/Program Office
Identify the technical need for first article approval early in acquisition planning and communicate whether the first article and production will occur at the same facility or whether early procurement or production must be authorized. Support the contracting officer with the technical rationale for the clause choice.
Practical Implications
This section is a clause-selection rule, so the main day-to-day impact is on solicitation drafting and contract formation; getting the clause wrong can create administration problems or weaken the government’s control over production risk.
Contractors should pay close attention to whether Alternate I or Alternate II is included, because those alternates affect facility planning, schedule, and whether they can start buying materials or manufacturing before approval.
A common pitfall is assuming first article approval is only a technical issue; it also affects pricing, lead times, and cash flow, especially when the contractor must fund testing or early production before approval.
For cost-reimbursement contracts, the requirement is not to use the exact fixed-price clause text, but a clause substantially the same, so contracting officers must adapt the language appropriately while preserving the approval/testing framework.
If production starts before first article approval under Alternate II, the contractor bears significant risk of nonconforming work or redesign costs if the first article fails, so both sides should understand the consequences before authorizing early action.
Official Regulatory Text
(a) (1) The contracting officer shall insert the clause at 52.209-3 , First Article Approval-Contractor Testing, in solicitations and contracts when a fixed-price contract is contemplated and it is intended that the contract require- (i) First article approval; and (ii) That the contractor be required to conduct the first article testing. (2) If it is intended that the contractor be required to produce the first article and the production quantity at the same facility, the contracting officer shall use the clause with its Alternate I. (3) If it is necessary to authorize the contractor to purchase material or to commence production before first article approval, the contracting officer shall use the clause with its Alternate II. (b) (1) The contracting officer shall insert a clause substantially the same as the clause at 52.209-3 , First Article Approval—Contractor Testing, in solicitations and contracts when a cost-reimbursement contract is contemplated and it is intended that the contract require (i) First article approval and (ii) That the contractor be required to conduct the first article test. (2) If it is intended that the contractor be required to produce the first article and the production quantity at the same facility, the contracting officer shall use a clause substantially the same as the clause at 52.209-3 , First Article Approval—Contractor Testing, with its Alternate I. (3) If it is necessary to authorize the contractor to purchase material or to commence production before first article approval, the contracting officer shall use a clause substantially the same as the clause at 52.209-3 , First Article Approval—Contractor Testing, with its Alternate II.