46.392 Contractor clauses for product verification testing (PVT) and production lot testing (PLT).

(a) Production verification testing. The contracting officer shall insert the clause at 52.246-9004, Product Verification Testing (PVT), in solicitations and contracts which contain the COQC clause and which call for inspection at source. This clause may also be used independently of the COQC clause. Use the clause with its Alternate I in solicitations, negotiated contracts and purchase orders for non-part numbered packaged petroleum products for FSC 9110, 9116, 9150 and 9160 when inspection is at source.

(b) Production lot testing.

(1) Policy. The product specialist determines whether Production Lot Testing (PLT) will be required.

(i) The acquisition specialist shall refer any requests for waivers or deviations from PLT requirements to the product specialist, who will evaluate the request and furnish recommendations to the acquisition specialist.

(ii) PLT conducted by contractor. The contractor is responsible for producing PLT samples and for conducting the testing. PLT costs are only payable for the report and any additional testing not normally required for production, such as destructive testing, environmental testing, or testing that the contractor has to outsource. The contractor has the option of either not pricing the PLT CLIN, in which case there will be no separate charge to the Government for conducting PLT, or separately pricing PLT under the PLT CLIN. If PLT is offered as a separate price under the PLT CLIN, the acquisition specialist shall insert the offered price for conducting PLT into the PLT CLIN at time of award, if the acquisition specialist determines the contractor's offered price for PLT is reasonable. If in doubt about the reasonableness of the offered price, the acquisition specialist shall consult with the product specialist. The product specialist will evaluate the PLT Report and furnish the acquisition specialist with a recommendation of approval or disapproval. The acquisition specialist shall notify the contractor in writing whether its PLT Report is approved or disapproved. Samples approved as a result of contractor-conducted PLT may be included with the shipment of the production quantity of the same lot, unless the samples are damaged or destroyed during PLT.

(iii) PLT conducted by Government. The contractor will not separately price additive CLINs for Government production lot testing, because there should be no costs incurred by the contractor; any costs that may be incurred by the contractor are not the responsibility of the Government. The material is to be returned to the contractor upon completion of testing for delivery with the production quantity of the same lot. The PLT CLIN will only be used to pay for approved samples that are consumed, destroyed, or otherwise rendered unusable during Government PLT. Upon receipt of the testing results and the recommendation of approval or disapproval from the testing facility, the product specialist will evaluate the testing results and the testing facility's recommendation and furnish the acquisition specialist with a recommendation of approval or disapproval, along with a copy of the testing facility's results and recommendation. The acquisition specialist shall notify the contractor in writing whether its PLT samples are approved or disapproved.

(2) Clauses.

(i) Insert the clause at 52.246-9085, Production Lot Testing (PLT) - Government, in solicitations and awards requiring Government testing of a Production Lot quantity, including when the acquisition is conducted using FAR Part 12. Prior to invoking PLT on a Part 12 contract, compliance with FAR 12.302(c) is required to verify whether market research has established that PLT is or is not consistent with customary industry practice, and whether a waiver is required. When the DPACS PR Trailer includes the statement, "Production Lot Testing Required - Government Testing," complete the fill-ins in 52.246-9085 with information as shown in the DPACS PR Trailer or with information found in the Material Master, Classification, Product Assurance tab, Services for Object.

(ii) Insert the clause at 52.246-9086, Production Lot Testing (PLT) - Contractor, in solicitations and awards requiring contractor testing of a Production Lot quantity, including when the acquisition is conducted using FAR Part 12. Prior to invoking PLT on a Part 12 contract, compliance with FAR 12.302(c) is required to verify whether market research has established that PLT is or is not consistent with customary commercial practice, and whether a waiver is required. When the DPACS PR Trailer includes the statement, "Production Lot Testing Required - Contractor Testing," complete the fill-ins in 52.246-9086 with information as shown in the DPACS PR Trailer or with information found in the Material Master, Classification, Product Assurance tab, Services for Object. Use the clause at 52.246-9086 with its Alternate I when the authority to approve or disapprove the PLT Report is delegated to DCMA by the product specialist.