---
kind: "section"
citation: "48 C.F.R. § 9.308-1"
title: "48"
number: "9.308-1"
heading: "Testing performed by the contractor."
url: "https://uscodex.org/cfr/48/9.308-1"
---

# §9.308-1. Testing performed by the contractor.

- (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.

## Notes

### Amendments

[48 FR 42142, Sept. 19, 1983, as amended at 84 FR 19845, May 6, 2019]

### Authority

Authority: 41 U.S.C. 1121(b); 40 U.S.C. 121(c); 10 U.S.C. chapter 4 and 10 U.S.C. chapter 137 legacy provisions (see 10 U.S.C. 3016); and 51 U.S.C. 20113.

### Source

Source: 48 FR 42142, Sept. 19, 1983, unless otherwise noted.

### Amendments

[48 FR 42142, Sept. 19, 1983, as amended at 84 FR 19845, May 6, 2019]