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

FAR 9.308-2 Testing performed by the Government.

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—Government Testing clause (52.209-4) in solicitations and contracts. It applies when first article approval is required and the Government will conduct the first article test, with different clause versions depending on the contract type and circumstances. It matters to contractors because it signals that a first article test and approval will be part of the contract requirements.

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

Key terms: first article approval · first article test · fixed-price contract · cost-reimbursement contract · Alternate I

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 52.209-4, 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.

Sections it refers to

  • 52.209-4 First Article Approval—Government Testing.

Sections that refer to it

  • 52.209-4 First Article Approval—Government Testing.

← 9.308-1 Testing performed by the contractor. · 9.400 Scope of subpart. →

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 9.308-2 Testing performed by the Government · SpendQuery