FAR 9.308-2—Testing performed by the Government.
Plain-English Summary
FAR 9.308-2 explains when the Government, rather than the contractor, will perform first article testing and what clause the contracting officer must include in the solicitation and contract. It covers two contract types: fixed-price contracts and cost-reimbursement contracts, and it ties each to the proper use of the first article approval clause at FAR 52.209-4, First Article Approval—Government Testing. The section also addresses when the contracting officer must use Alternate I, which applies when the contractor must produce the first article and the production quantity at the same facility, and Alternate II, which applies when the contractor is allowed to buy material or begin production before first article approval. In practice, this section is about making sure the solicitation clearly states who will test the first article, whether production and first article work must occur at the same facility, and whether early material purchase or production is authorized before approval. Its purpose is to prevent ambiguity, control risk, and ensure the contract clause matches the intended acquisition strategy and testing responsibility.
Key Rules
Use clause for fixed-price
When a fixed-price contract is contemplated and the Government will conduct first article testing, the contracting officer must insert FAR 52.209-4, First Article Approval—Government Testing, into the solicitation and contract.
Use Alternate I when same facility
If the contractor must produce the first article and the production quantity at the same facility, the contracting officer must use the basic clause with Alternate I. This makes the same-facility requirement part of the contract terms.
Use Alternate II for early start
If the contractor is authorized to purchase material or begin production before first article approval, the contracting officer must use the basic clause with Alternate II. This allows early work while preserving the first article approval requirement.
Use similar clause for cost-reimbursement
When a cost-reimbursement contract is contemplated and the Government will conduct first article testing, the contracting officer must insert a clause substantially the same as FAR 52.209-4 in the solicitation and contract.
Apply alternates to cost-reimbursement too
For cost-reimbursement contracts, the same alternate logic applies: use a substantially similar clause with Alternate I for same-facility production and Alternate II when early material purchase or production before approval is authorized.
Responsibilities
Contracting Officer
Determine whether first article approval will be required and whether the Government will perform the test. Insert the correct clause version in the solicitation and contract, including Alternate I or Alternate II when the facts require it, and ensure the clause matches the contemplated contract type.
Government Test Activity
Conduct the first article test when the contract assigns that responsibility to the Government. Perform testing in accordance with the contract requirements so the approval decision can be made.
Contractor
Comply with the first article approval requirement, including producing the first article as required, following any same-facility restriction, and observing any limits or permissions related to early material purchase or production before approval.
Agency/Program Office
Identify the need for first article approval and the desired testing arrangement early enough for the contracting officer to include the correct clause and alternates in the solicitation.
Practical Implications
This section is mainly a clause-selection rule, so the biggest day-to-day risk is using the wrong version of FAR 52.209-4 or forgetting an alternate. That can create ambiguity about who tests, where production may occur, and whether the contractor may start work before approval.
Contracting officers should confirm the acquisition plan before issuing the solicitation: fixed-price versus cost-reimbursement, Government testing versus contractor testing, same-facility production, and any need for early material buys or production starts.
Contractors should read the first article clause carefully because Alternate I and Alternate II can materially affect manufacturing planning, facility use, schedule, and cash flow. Missing these details can lead to noncompliance or costly rework.
A common pitfall is assuming the same clause language works for both contract types without adjustment. For cost-reimbursement contracts, the rule requires a clause substantially the same as FAR 52.209-4, not necessarily the exact same wording, but the substance must still fit the Government-testing arrangement.
Another practical issue is schedule risk: if the contract allows production before first article approval, the contractor may reduce lead time but also assumes the risk that the first article could fail and require changes to work already started.
Official Regulatory Text
(a) (1) The contracting officer shall insert the clause at 52.209-4 , First Article Approval-Government Testing, in solicitations and contracts when a fixed-price contract is contemplated and it is intended that the contract require first article approval and that the Government will be responsible for conducting 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 the basic 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 basic clause with its Alternate II. (b) (1) The contracting officer shall insert a clause substantially the same as the clause at 52.209-4 , First Article Approval-Government Testing, in solicitations and contracts when a cost-reimbursement contract is contemplated and it is intended that the contract require first article approval and that the Government be responsible for conducting 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 52.209-4 , First Article Approval-Government 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 52.209-4 , First Article Approval-Government Testing, with its Alternate II.