FAR 9.308—Contract clauses.

Testing performed by the contractor.

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.

Testing performed by the Government.

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.