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FAR and DFARS › FAR Part 9: Contractor Qualifications › Subpart 9.3

FAR 9.308-1 Testing performed by the contractor.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This section tells contracting officers when to include the First Article Approval—Contractor Testing clause (52.209-3) in solicitations and contracts. It applies when the contract requires first article approval and the contractor must perform the first article testing, with different alternates depending on the situation. It matters to contractors because it signals that they may be required to test a first article before full production.

Applies to: Contracting officers and contractors on solicitations and contracts requiring first article approval and contractor testing

Key terms: First Article Approval · Contractor Testing · 52.209-3 · Alternate I · Alternate II

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The 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.

Sections it refers to

  • 52.209-3 First Article Approval—Contractor Testing.

Sections that refer to it

  • 52.209-3 First Article Approval—Contractor Testing.

← 9.308 Contract clauses. · 9.308-2 Testing performed by the Government. →

Rule changes for FAR Part 9

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

FAR 9.308-1 Testing performed by the contractor · SpendQuery