First Production Testing Addendum.doc

ADDENDUM TO PROVISION 52.212-4, CONTRACT TERMS AND CONDITIONS

Paragraph A of FAR 52.212-4 is amended to include First Production Unit Testing and Production Testing as follows:

FIRST PRODUCTION UNIT TESTING

(a) The Contractor shall deliver 1 each, 200 Gram Balance, per CLIN 0001AA of the award with the required data 90 calendar days from the date of this contract to the Government at AFMETCAL, Heath, OH for First Production Unit testing. The shipping documentation shall contain this contract number and the Contract Line Item Identification (CLIN). The characteristics that the First Production Unit must meet and the testing requirements are specified elsewhere in this contract.

(b) Within 45 calendar days after the Government receives the First Production Unit, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the First Production Unit. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval.

(c) If the First Production Unit is disapproved, the Contractor, upon Government request, shall submit an additional First Production Unit for testing. After each request, the Contractor shall make any necessary changes, modifications, or repairs to the First Production Unit or select another First Production Unit for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall furnish any additional First Production Units to the Government under the terms and conditions and within the time specified by the Government. The Government shall act on the First Production Unit within the time limit specified in paragraph (b) of this clause. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule or for any additional costs to the Government related to these tests.

(d) If the Contractor fails to deliver First Production Units on time, or the Contracting Officer disapproves any First Production Unit, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract.

(e) Unless otherwise provided in the contract, the Contractor--

(1) May deliver the approved First Production Unit as a part of the contract quantity, provided it meets all contract requirements for acceptance and was not consumed or destroyed in testing; and

(2) Shall remove and dispose of any First Production Unit from the Government test facility at the Contractor's expense.

(f) If the Government does not act within the time specified in paragraphs (b) or (c) of this clause, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under the Changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay.

(g) The Contractor is responsible for providing operating and maintenance instructions, spare parts support, and repair of the First Production Units during any First Production test.

(h) Before the First Production Unit approval, the acquisition of materials or components for, or the commencement of production for the balance of the contract quantity is at the sole risk of the Contractor. Before First Production Units approval, the costs thereof shall not be allocable to this contract for (1) progress payments, or (2) termination settlements if the contract is terminated for the convenience of the Government.

(i) The Government may waive the requirement for any First Production Unit approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the Offeror/Contractor and have been accepted by the Government. The Offeror/Contractor may request a waiver.