6._Legal_Briefing.pdf

This Briefing is:

UNCLASSIFIED

Headquarters Air Combat Command

ADAIR

Industry Day

Beatrice K. Foster, Esq

AMIC Attorney/Advisor

Overview

Please note that this briefing is not intended to offer legal advice but to provide an update on

AF policy

AF Policy

• Secretary of the AF established Policy Memo for Contract Air Support for Adversary Air, May 2016

• Mandates that ADAIR will comply with Memo; and prevails if inconsistencies are found with other AF pubs

• ADAIR users, COs, and Contracting Officer Representative (COR) are required to comply with Sec. of AF policy memo

• Safety Oversight and compliance with FAR and FAA regulations (14

CFR) or Air Force Airworthiness (AW) policy and procedures

• Air Force Policy Directive and AFI follows this policy memo

AF Policy

• ADAIR operating in PAO status are authorized to operate at military ranges, military operating areas

(MOA) and designated Special Use Airspace.

• All contracted aircraft must comply with applicable regs and procedures

• Air Force Technical Air worthiness Authority (TAA) or

Delegated Airworthiness Technical authority (DTA) determines PAO status

• ADAIR aircraft requiring designation as PAO will undergo a TAA assessment.

AF Policy K’or Responsibilities

• K’or Aircraft.

• -Must maintain valid FAA Civil Airworthiness Certificates during the contracting period.

• Aircraft shall conform to the approved set of technical data.

• Any aircraft modifications shall be approved by the appropriate airworthiness authority (either FAA or USAF TAA)

•K’or Aircraft Maintenance

• Will follow FAA Aircraft Inspection Program

• Record must be provided to COR upon request

•K’or Pilot.

• Must possess valid FAA commercial or Airline Transport Pilot

Certificate appropriate to the class of aircraft

•Must possess an instrument rating

•All pilots must have an experimental Aircraft Authorization

K’or Pilot con’t.

• Must possess a current Class II or better medical certificate

• Minimum time in Type and tactical experience requirements shall be established by subject matter experts.

• K’or shall track pilot certs and currency appropriate to the type of contracted services and shall present them to the COR upon request

• K’or will ensure all pilots comply with Regs and Procedures as defined in DCMA 8210.1C, Contractor’s Flights and Ground

Operations

K’or Flight Operations

• K’or must have documented process to approve aircraft for flight

• Flight procedures shall be compatible with AFI 11-202V3, General Flight Rules; approved by COR or using pilot representative

K’or Flight Operations cont.

• All ADAIR contracts will require K’ors to operate and maintain their aircraft using approved FAA data and procedures

• ADAIR contracts will required K’ors to design and install required mods using 14 CFR type certification procedures or other FAA approved methods.

• Mods necessary to aircraft not conforming to an approved type design, the K’or must be required to use the USAF AW process and obtain approval from AF TAA.

K’or Responsibility

• Using AF Ranges for Live CCAS, K’ors must pursue a Weapons

Danger Zone profile in accordance with AFI 13-212V1, Range

Planning and Operations procedures. Waivers only considered for aircraft with a permanent profile.

K’or Insurance Responsibilities.

• K’or will carry enough insurance to be in compliance with FAR

52.228 -5, Insurance – Work on a Government Installation and

AFI 10-1001, Civil Aircraft Landing Permit. K’or must carry enough insurance to be in compliance with DFARS 252.228-

7001, Ground and Flight Risk

AF Airworthiness Bulletin-1012

COCO Aircraft Mishaps

• Mishaps will be handled IAW AFI 91-202, The US Air Force

Mishap Prevention Program. Regardless of whether the COCO aircraft flight(s) has been deemed PAO or CAO, the K’or will notify the Contracting organization in the event of any mishap involving the COCO aircraft. The contracting organization shall notify the TAA or DTA.

QUESTIONS??

Beatrice Foster, Esq.

(757) 764-9491