Common use of First Article Testing Clause in Contracts

First Article Testing. First Article Testing will be authorized to commence only as a part of the first order issued under this Agreement and shall be at the same price per kg as the production quantities to be treated in the first order. Treatment of production quantities may not proceed until written authorization is granted by the Company, DOE or Contractor based upon completion of a successful First Article Test. (a) The first article is (tbd by vendor requirements) (kg) of each treatment category which shall be tested in accordance with the provisions contained or referenced in this Agreement. At least 10 calendar days prior to the beginning of first article approval tests, the Seller shall furnish written notice to the Company or Contractor of the time and location of the testing so that the Company or Contractor may witness such testing if it so elects. (b) Within 116 weeks from the date of this Agreement, the first article approval test report shall be forwarded to the Agreement Administrator or his designee, marked "FIRST ARTICLE: Basic Agreement No. 1GB-99448V, Order No.______." The Company or the Contractor shall, by written notice to the Seller within 20 calendar days after receipt of such test report, approve, conditionally approve, or disapprove such first article. The notice of approval or conditional approval shall not relieve the Seller from complying with all requirements of the specifications and all other provisions of this Agreement. A notice of conditional approval shall state any further action required of the Seller. A notice of disapproval shall cite reasons therefor. (c) If the first article is disapproved by the Company or the Contractor, the Seller may be required, at the option of the Company or the Contractor, to repeat any or all of the first article approval tests. After each notification by the Company or the Contractor of the requirement for additional tests, the Seller shall at no additional cost to the Company or the Contractor make any necessary changes, modifications, or repairs required for another first article test. Thereafter, the Seller shall perform the required additional approval tests and deliver another report to the Company or the Contractor under the terms and conditions and within the time specified by the Company or the Contractor. The Company or the Contractor shall take action on this report within the time limit specified in (b) above. All costs related to additional approval tests shall be borne by the Seller. (d) If the Seller fails to deliver any first article approval test report within the time or times specified, or if the Company or the Contractor disapproves any first article, the Seller shall be deemed to have failed to make delivery within the meaning of the "Termination" clause of this Agreement, and this Agreement shall be subject to termination. (e) Where the approved first article is not consumed or destroyed in testing, and unless otherwise provided in this Agreement, the first article may be delivered as part of the Agreement quantity if it meets all terms and conditions of the Agreement for acceptance. (f) In the event the Company or the Contractor does not approve, conditionally approve, or disapprove the first article within the time specified in (b) or (c) above, the Company shall, upon timely written request made by the Seller, make a determination of the delay occasioned the Seller thereby, and shall equitably adjust the delivery or performance dates, and any other contractual provision affected by such delay, in accordance with the procedures provided in the "Changes" clause. (g) Until first article approval is granted, no costs for the first article shall be allocable to this Agreement for the purpose of termination settlements, if this Agreement is terminated for convenience. (h) The first article test must be performed at the facilities in which the treatment is to be performed under the Agreement. A certification by the Seller to this effect must accompany each first article which is offered.

First Article Testing. First Article Testing will be authorized to commence only as a part of the first order issued under this Agreement and shall be at the same price per kg as the production quantities to be treated in the first order. Treatment of production quantities may not proceed until written authorization is granted by the Company, DOE or Contractor based upon completion of a successful First Article Test. (a) The first article is (tbd by vendor requirements) (kg) of each treatment category which shall be tested in accordance with the provisions contained or referenced in this Agreement. At least 10 calendar days prior to the beginning of first article approval tests, the Seller shall furnish written notice to the Company or Contractor of the time and location of the testing so that the Company or Contractor may witness such testing if it so elects. (b) Within 116 weeks from the date of this Agreement, the first article approval test report shall be forwarded to the Agreement Administrator or his designee, marked "FIRST ARTICLE: Basic Agreement No. 1GB-99448V23900-BA-99447F, Order No._. _____." The Company or the Contractor shall, by written notice to the Seller within 20 calendar days after receipt of such test report, approve, conditionally approve, or disapprove such first article. The notice of approval or conditional approval shall not relieve the Seller from complying with all requirements of the specifications and all other provisions of this Agreement. A notice of conditional approval shall state any further action required of the Seller. A notice of disapproval shall cite reasons therefor.. BASIC Agreement 23900-BA-99447F (c) If the first article is disapproved by the Company or the Contractor, the Seller may be required, at the option of the Company or the Contractor, to repeat any or all of the first article approval tests. After each notification by the Company or the Contractor of the requirement for additional tests, the Seller shall at no additional cost to the Company or the Contractor make any necessary changes, modifications, or repairs required for another first article test. Thereafter, the Seller shall perform the required additional approval tests and deliver another report to the Company or the Contractor under the terms and conditions and within the time specified by the Company or the Contractor. The Company or the Contractor shall take action on this report within the time limit specified in (b) above. All costs related to additional approval tests shall be borne by the Seller. (d) If the Seller fails to deliver any first article approval test report within the time or times specified, or if the Company or the Contractor disapproves any first article, the Seller shall be deemed to have failed to make delivery within the meaning of the "“Termination" ” clause of this Agreement, and this Agreement shall be subject to termination. (e) Where the approved first article is not consumed or destroyed in testing, and unless otherwise provided in this Agreement, the first article may be delivered as part of the Agreement quantity if it meets all terms and conditions of the Agreement for acceptance. (f) In the event the Company or the Contractor does not approve, conditionally approve, or disapprove the first article within the time specified in (b) or (c) above, the Company shall, upon timely written request made by the Seller, make a determination of the delay occasioned the Seller thereby, and shall equitably adjust the delivery or performance dates, and any other contractual provision affected by such delay, in accordance with the procedures provided in the "Changes" clause. (g) Until first article approval is granted, no costs for the first article shall be allocable to this Agreement for the purpose of termination settlements, if this Agreement is terminated for convenience. (h) The first article test must be performed at the facilities in which the treatment is to be performed under the Agreement. A certification by the Seller to this effect must accompany each first article which is offered.

First Article Testing. First Article Testing will be authorized to commence only as a part of the first order issued under this Agreement and shall be at the same price per kg as the production quantities to be treated in the first order. Treatment of production quantities may not proceed until written authorization is granted by the Company, DOE or Contractor based upon completion of a successful First Article Test. (a) The first article is (tbd by vendor requirements) (kg) of each treatment category which shall be tested in accordance with the provisions contained or referenced in this Agreement. At least 10 calendar days prior to the beginning of first article approval tests, the Seller shall furnish written notice to the Company or Contractor of the time and location of the testing so that the Company or Contractor may witness such testing if it so elects. (b) Within 116 weeks from the date of this Agreement, the first article approval test report shall be forwarded to the Agreement Administrator or his designee, marked "FIRST ARTICLE: Basic Agreement No. 1GB-99448V23900-BA-99446F, Order No._. _____." The Company or the Contractor shall, by written notice to the Seller within 20 calendar days after receipt of such test report, approve, conditionally approve, or disapprove such first article. The notice of approval or conditional approval shall not relieve the Seller from complying with all requirements of the specifications and all other provisions of this Agreement. A notice of conditional approval shall state any further action required of the Seller. A notice of disapproval shall cite reasons therefor.. BASIC Agreement 23900-BA-99446F 9/30/05 (c) If the first article is disapproved by the Company or the Contractor, the Seller may be required, at the option of the Company or the Contractor, to repeat any or all of the first article approval tests. After each notification by the Company or the Contractor of the requirement for additional tests, the Seller shall at no additional cost to the Company or the Contractor make any necessary changes, modifications, or repairs required for another first article test. Thereafter, the Seller shall perform the required additional approval tests and deliver another report to the Company or the Contractor under the terms and conditions and within the time specified by the Company or the Contractor. The Company or the Contractor shall take action on this report within the time limit specified in (b) above. All costs related to additional approval tests shall be borne by the Seller. (d) If the Seller fails to deliver any first article approval test report within the time or times specified, or if the Company or the Contractor disapproves any first article, the Seller shall be deemed to have failed to make delivery within the meaning of the "“Termination" ” clause of this Agreement, and this Agreement shall be subject to termination. (e) Where the approved first article is not consumed or destroyed in testing, and unless otherwise provided in this Agreement, the first article may be delivered as part of the Agreement quantity if it meets all terms and conditions of the Agreement for acceptance. (f) In the event the Company or the Contractor does not approve, conditionally approve, or disapprove the first article within the time specified in (b) or (c) above, the Company shall, upon timely written request made by the Seller, make a determination of the delay occasioned the Seller thereby, and shall equitably adjust the delivery or performance dates, and any other contractual provision affected by such delay, in accordance with the procedures provided in the "Changes" clause. (g) Until first article approval is granted, no costs for the first article shall be allocable to this Agreement for the purpose of termination settlements, if this Agreement is terminated for convenience. (h) The first article test must be performed at the facilities in which the treatment is to be performed under the Agreement. A certification by the Seller to this effect must accompany each first article which is offered.

First Article Testing. First Article Testing will be authorized to commence only as a part of the first order issued under this Agreement and shall be at the same price per kg as the production quantities to be treated in the first order. Treatment of production quantities may not proceed until written authorization is granted by the Company, DOE or Contractor based upon completion of a successful First Article Test. (a) The first article is (tbd by vendor requirements) (kg) of each treatment category which shall be tested in accordance with the provisions contained or referenced in this Agreement. At least 10 calendar days prior to the beginning of first article approval tests, the Seller shall furnish written notice to the Company or Contractor of the time and location of the testing so that the Company or Contractor may witness such testing if it so elects. (b) Within 116 weeks from the date of this Agreement, the first article approval test report shall be forwarded to the Agreement Administrator or his designee, marked "FIRST ARTICLE: Basic Agreement No. 1GB-99448V1GB-99447V, Order No.______." The Company or the Contractor shall, by written notice to the Seller within 20 calendar days after receipt of such test report, approve, conditionally approve, or disapprove such first article. The notice of approval or conditional approval shall not relieve the Seller from complying with all requirements of the specifications and all other provisions of this Agreement. A notice of conditional approval shall state any further action required of the Seller. A notice of disapproval shall cite reasons therefor. (c) If the first article is disapproved by the Company or the Contractor, the Seller may be required, at the option of the Company or the Contractor, to repeat any or all of the first article approval tests. After each notification by the Company or the Contractor of the requirement for additional tests, the Seller shall at no additional cost to the Company or the Contractor make any necessary changes, modifications, or repairs required for another first article test. Thereafter, the Seller shall perform the required additional approval tests and deliver another report to the Company or the Contractor under the terms and conditions and within the time specified by the Company or the Contractor. The Company or the Contractor shall take action on this report within the time limit specified in (b) above. All costs related to additional approval tests shall be borne by the Seller. (d) If the Seller fails to deliver any first article approval test report within the time or times specified, or if the Company or the Contractor disapproves any first article, the Seller shall be deemed to have failed to make delivery within the meaning of the "Termination" clause of this Agreement, and this Agreement shall be subject to termination. (e) Where the approved first article is not consumed or destroyed in testing, and unless otherwise provided in this Agreement, the first article may be delivered as part of the Agreement quantity if it meets all terms and conditions of the Agreement for acceptance. (f) In the event the Company or the Contractor does not approve, conditionally approve, or disapprove the first article within the time specified in (b) or (c) above, the Company shall, upon timely written request made by the Seller, make a determination of the delay occasioned the Seller thereby, and shall equitably adjust the delivery or performance dates, and any other contractual provision affected by such delay, in accordance with the procedures provided in the "Changes" clause. (g) Until first article approval is granted, no costs for the first article shall be allocable to this Agreement for the purpose of termination settlements, if this Agreement is terminated for convenience. (h) The first article test must be performed at the facilities in which the treatment is to be performed under the Agreement. A certification by the Seller to this effect must accompany each first article which is offered.