RFP-Attachment9 FlightandGround.doc

DCMA INST 8210.1

AFI 10-220

AR 95-20

NAVAIRINST 3710.1F

COMDTINST M13020.3

DCMA-AO

1 March 2007

CONTRACTOR’S FLIGHT AND GROUND OPERATIONS

PURPOSE. This Instruction supersedes DCMA INST 8210.1/AFI 10-220/AR 95-20/NAVAIRINST 3710.1E, 13 November, 2002, and all previous versions. It establishes requirements for ground and flight operations involving all contracted work performed on aircraft where this Instruction is incorporated as a contract requirement, as well as procedures to be followed by Government Flight Representatives (GFRs). Chapter 7 establishes policy and procedures to be followed by GFRs and does not establish any additional contractor requirements. In accordance with DFARS requirements, DoD contracting activities shall include this Instruction and applicable supplements in all contracts involving Government aircraft for which the Government is assuming some of the risk of loss or damage. This Instruction describes the content of the contractor’s aircraft ground and flight operations procedures (hereafter identified as Procedures) and approval for these Procedures. It provides for the delegation of authority for such approvals, regardless of Service affiliation.

APPLICABILITY AND SCOPE. This instruction applies to contractor personnel whose duties include the operation or maintenance of any aircraft under any contract which incorporates by reference or includes this Instruction, and to all GFRs appointed pursuant to those contracts. This instruction has been coordinated with and concurred by the Military Services (hereafter referred to as the Services). References in this instruction to FAA certifications or requirements may be substituted with applicable host nation equivalent certifications or procedures. Recommendations for new policies or procedures should be submitted through channels to HQ DCMA, ATTN: DCMA-AO (the Office of Primary Interest (OPI) for this joint military Regulation/Instruction) for review.

CHANGES. Changes shall be coordinated with all Services and DCMA prior to incorporation into this Instruction. For specific guidance from each DoD Component, contact the following:

HQ DCMA: DCMA-AO

(703) 428-1313 6350 Walker Lane, Suite 300 Alexandria, VA 22310-3241 Army: Commander, U. S. Army Materiel Command

(703) 806-9894 ATTN: AMCOPS-CA, 9301 Chapek Rd.

Ft. Belvoir, VA 22060-5527 Navy: Commander, Naval Air Systems Command (AIR-09F)

(301) 342-7233 22541 Millstone Road, Unit 10 Patuxent River, MD 20670-1601 Air Force: HQ AFMC/A3V

(850) 882-7890 508 W. Choctawhatchee Eglin AFB, FL 32542-5713 Coast Guard: Assistant Commandant for Engineering and Logistics

(202) 267-0187

COMDT CG 4

2100 2nd St. SW Washington, DC 20593-0001

GFR RESPONSIBILITIES. GFRs are responsible for ensuring contractors establish and follow written Procedures IAW this Instruction. GFRs are bound by this Instruction for all contractor aircrew and flight approvals IAW the Ground and Flight Risk Clause (GFRC), DFARS 252.228-7001, and/or the Aircraft Flight Risk Clause (AFRC), DFARS 252.228-7002. Further GFR responsibilities are described in Chapter 7. Commanders having the administrative responsibility for any contract or other legal agreement (e.g., Cooperative Research and Development Agreements (CRADAs) XE "CRADA" , special Other Transactions Authority (OTA), or Grants) containing the GFRC/AFRC or this Instruction shall appoint a trained GFR to administer the responsibilities of this Instruction

CONTRACTOR RESPONSIBILITIES. Contractors are responsible for establishing and enforcing safe and effective written Procedures IAW this Instruction.

INFORMATION REQUIREMENTS. The following forms are referenced and/or required in this instruction.

DD Form 250, Material Inspection and Receiving Report DCMA Form 644, Request for Flight Approval DD Form 1716, Contract Data Package Recommendation/Deficiency Report DD Form 1821, Contractor Crewmember Record DD Form 2627, Request for Government Approval For Aircrew Qualifications and Training DD Form 2628, Request for Approval of Contractor Crewmember Attachments ATT 1 Glossary of Acronyms ATT 2 DCMA Form 644, Request for Flight Approval

ATT 3 DD Form 2627, Request for Government Approval For Aircrew Qualifications and Training ATT 4 DD Form 1821, Contractor Crewmember Record ATT 5 DD Form 2628, Request for Approval of Contractor Flight Crewmember ATT 6 Sample GFR Delegation of Authority Letter ATT 7 Sample Supporting Contract Administration (SCA) Request Format ATT 8 Sample Survey Report ATT 9 Sample Facility Data Sheet

ATT 10 Required Procedures Outline ATT 11 Index

BY ORDER OF THE ACTING DIRECTOR, DEFENSE CONTRACT MANAGEMENT AGENCY, AND THE SECRETARIES OF THE ARMY, THE AIR FORCE, AND THE NAVY

Keith Ernst DCMA Acting Director CARROL H. CHANDLER, Lt Gen, USAF

DCS, Air, Space & Information

Operations, Plans & Requirements

W.B. Massenburg Vice Admiral, United States Navy Commander, Naval Air Systems Command By Order of the Secretary of the Army:

PETER J. SCHOOMAKER

General, United States Army Chief of Staff Official:

JOYCE E. MORROW

Administrative Assistant to the Secretary of the Army Dale G. Gabel Rear Admiral, United States Coast Guard Assistant Commandant for Engineering and Logistics COORDINATION: DCMA (DCMA-AO), Army (HQ AMC: AMCOPS-CA), Navy (AIR-09F), Air Force (HQ AFMC/A3V), Coast Guard (CG-41)

Table of Contents

Page

1PURPOSE

1APPLICABILITY AND SCOPE

1CHANGES

2GFR RESPONSIBILITIES

2CONTRACTOR RESPONSIBILITIES

2INFORMATION REQUIREMENTS

9Chapter 1

91.

Definitions

91.1.

Aircraft

91.2.

Aircraft Acceptance

91.3.

Aircraft Identification Conventions

91.4.

Aircraft Operations

91.5.

Approving Authority

101.6.

Army Nonstandard Aircraft

101.7.

Aviation Safety Official (ASO)

101.8.

Bailed Aircraft

101.9.

Certificate

101.10.

Check Flights

101.11.

Crewmember

111.12.

Component

111.13.

Contract Administration Services (CAS)

111.14.

Contract Administration Services Component (CASC)

111.15.

Contract Management Office (CMO)

111.16.

Contracting Officer

111.17.

Contractor

111.18.

Engineering Test Flights

111.19.

Experimental Test Flights

121.20.

FAR and DoD FAR Supplement (DFARS) References

121.21.

Flight Crews

121.22.

Flight Operations (FO)

121.23.

FOD.

121.24.

Government Flight Representative (GFR)

131.25.

Government-Furnished Equipment (GFE)/Property (GFP)

131.26.

Ground Operations

131.27.

Ground Personnel

131.28.

Hardware Control

131.29.

Intent for Flight

131.30.

Leased Aircraft

131.31.

Maintenance Test Flight

141.32.

May

141.33.

Mixed Crews

141.34.

Non-crewmember

141.35.

Orientation Flight

141.36.

Privileged Safety Information

141.37.

Procedures

141.38.

Program Office

141.39.

Requesting Official

141.40.

Service Guidance

151.41.

Shall

151.42.

Should

151.43.

Sortie

151.44.

Support Flights

151.45.

Product or Mission Support Flights

161.46.

Test Aircraft

161.47.

Tool Control

161.48.

Unmanned Aerial Vehicle (UAV

17Chapter 2

172.

Waivers

172.1.

Waivers to this Instruction

172.2.

Service Guidance Waivers

182.3.

Contract Waivers or Contract Changes

182.4.

Approved Waivers

182.5.

Waiver Authorities for this Instruction and Service Guidance

19Chapter 3

193.

Contractor's written Procedures

193.1.

General Guidance

193.2.

Responsibilities

193.3.

Preparation

193.4.

Use of Service Guidance

203.5.

Subcontractors

203.6.

Format

203.7.

Approval

203.8.

Changes

203.9.

Changes to this Instruction

203.10.

Core Procedures

213.11.

Review requirements

213.12.

Deficiencies

213.13.

Noncompliance

213.14.

Questions of Interpretation

213.15.

Access to Contractor’s Facilities.

23Chapter 4

234.

Flight Operations

234.1.

Flight Management

254.2.

264.3.

Crewmember Qualification Requirements

304.4.

General Procedures

324.5.

344.6.

Crewmember Ground Training Requirements

364.7.

Crewmember Evaluations

364.8.

Forms and Records

39Chapter 5

395.

Ground Operations

395.1.

Ground Operations Procedures (GOPs)

425.2.

Medical (Physical) Requirements for Ground Personnel

425.3.

Training Requirements for Ground Personnel

435.4.

Ground Operations Certification Requirements

435.5.

Records

45Chapter 6

456.

Aviation Safety Program Elements

456.1.

Mishap Prevention Program

486.2.

Aircraft Rescue and Fire Fighting

51Chapter 7

517.

GFR Procedures

517.1.

GFR Designation

517.2.

GFR Selection and Assignment

527.3.

Contractor Field Team (CFT)

527.4.

GFR General Responsibilities

557.5.

Subcontractor

557.6.

CAS Safety Responsibilities

567.7.

Contractor Flight And Ground Operations Surveys

597.8.

Other GFR Responsibilities

60Attachment 1 – Glossary of Acronyms

65Attachment 2 – Request for Flight Approval

66Attachment 3 – Request For Government Approval For Aircrew Qualifications And Training

67Attachment 4 – Contractor Crewmember Record

70Attachment 5 – Request For Approval Of Contractor Crewmember

71Attachment 6 – GFR Delegation of Authority Letter Sample Format

72Attachment 7 – Sample Supporting Contract Administration Delegation Format

73Attachment 8 – Sample Survey Report Format

75Attachment 9 – Example Facility Data Sheet

76Attachment 10 – Procedures Outline

80Attachment 11 – Index

Blank Page

Chapter 1

DEFINITIONS

1. Definitions as they apply to this Instruction.

1.1. Aircraft XE "Aircraft:definition" . Unless otherwise provided in the contract, means:

1.1.1. aircraft to be delivered under contract (either before or after acceptance), including complete aircraft and aircraft in the process of being manufactured, disassembled, or reassembled; provided that an engine, portion of a wing or a wing is attached to a fuselage of the aircraft;

1.1.2. aircraft that are furnished to the Contractor under contract, whether in a state of disassembly or reassembly, including all property installed, in the process of installation, or temporarily removed;

1.1.3. Unmanned Aerial Vehicles (UAVs XE "UAV:aircraft definition" ) XE "Aircraft:UAV GFRC" , helicopters, vertical take-off aircraft, lighter-than-air airships and other non-conventional aircraft.

1.2. Aircraft Acceptance.

1.2.1. Pre-Accepted Aircraft XE "Aircraft:pre-accepted aircraft" . Any aircraft for which the final DD Form 250 for a specific contract has not been executed by the Government.

1.2.2. Accepted Aircraft XE "Aircraft:accepted aircraft" . Any aircraft for which the final DD Form 250 for a specific contract has been fully executed for the Government, after all required contractor actions have been completed, including satisfactory completion of final ground and/or flight acceptance testing.

1.3. Aircraft Identification Conventions.

1.3.1. Aircraft Basic Mission (Class/Type) XE "Aircraft:basic mission"

XE "Aircraft:class/type" . Identifies the primary function and capability of an aerospace vehicle (e.g., Attack, Fighter, Helicopter, Patrol, Transport, Trainer). Aircraft Basic Mission is represented by a letter of the alphabet (e.g., Fighter (F-16); Transport (C-135); Trainer (T-38); Bomber (B-1)).

1.3.2. Modified Mission XE "Aircraft:modified mission" . Identifies modifications to the Basic Mission of an aircraft. The modified mission identification appears to the left of the Basic Mission symbol (e.g., reconnaissance (RF-4C); tanker (KC-135R); cargo (CH-47D), anti-submarine (SH-60B).

1.3.3. Aircraft Design (Model) XE "Aircraft:design"

XE "Aircraft:model" . Identifies major changes within the same Basic Mission. Design numbers appear to the right of the Basic Mission symbol, separated by a dash (e.g. F-18; H-60; C-17).

1.3.4. Aircraft Series XE "Aircraft:series" . Identifies the production model of a particular design number representing major modifications significantly altering systems components. Consecutive series symbols appear to the immediate right of the design number (e.g., the F-16A and F-16C, the KC-135A and KC-135R, the AH-64A and AH-64D).

1.4. Aircraft Operations XE "Aircraft:operations" . Includes all aircraft flight and ground operations.

1.5. Approving Authority XE "Approving Authority" . The commander or designee of one of the following organizations having the administrative responsibility for a particular contractor facility in accordance with the Federal Directory of Contract Administration Services (CAS) Components.

1.5.1. Army - Commander, Procuring Activity MACOM (HCA’s). Delegated to other Controlling Custodian Commanders who administer ACO responsibilities for organizational level support and training contracts.

1.5.2. Navy - Commander, Naval Air Systems Command (COMNAVAIRSYSCOM). Delegated to other Controlling Custodian Commanders who administer ACO responsibilities for organizational level support and training contracts.

1.5.3. Air Force - Heads of Contracting Activities (HCA).

1.5.4. DCMA - Commander, Defense Contract Management Agency Contract Management Office (CMO), or Aeronautical Division Director, or the International District Commander (May not be delegated).

1.5.5. Non DoD/Other - Commander of the Procuring Activity

1.6. Army Nonstandard Aircraft. Any aircraft owned but not procured by the Army.

1.7. Aviation Safety Official (ASO XE "ASO" ). The contractor individual assigned primary responsibility for developing and administering the contractor’s aviation safety program. This individual should have aircrew, and aviation safety administration experience.

1.8. Bailed Aircraft XE "Aircraft:bailed" . Any Government-owned aircraft provided to a contractor under a Bailment Agreement for use in conjunction with a specific contractual requirement. Aircraft are usually bailed to a contractor to perform Government contract work. Aircraft are usually leased to a contractor for the contractor’s use. Bailment agreements are legal contracts between the Government Program Office and the contractor.

1.9. Certificate. Includes documents reflecting successful completion of FAA certification, FAA/Military flight physicals, and training to include: physiological, altitude chamber, centrifuge, qualification, life support, egress, survival, CRM, and other training required by Service guidance.

1.10. Check Flights. Flights to determine compliance with contractual requirements, such as Acceptance Check Flights XE "Check Flights:acceptance" (ACFs) and Functional Check Flights XE "Check Flights:functional" (FCFs), which include:

1.10.1. Any flight performed to accept or functionally check new aircraft production.

1.10.2. Any flight performed to accept or functionally check accomplishment of depot maintenance, contract maintenance, or modification.

1.10.3. Any flight performed to determine whether an aircraft or its various components are functioning according to predetermined specifications when subjected to the flight environment.

1.11. Crewmember XE "Crewmembers:definition" . Any instructor/flight examiner, pilot (including UAV), copilot, flight engineer, navigator, weapons system operator, bombardier navigator, radar intercept operator, boom operator, crew chief, loadmaster, defensive/offensive system operator, and other flight manual or applicable document handbook identified crewmember when assigned to their respective crew positions to conduct any flight under the contract. NOTE: Only the pilots are considered crewmembers for UAVs.

1.12. Component. The Service of the Approving Authority as defined above.

1.13. Contract Administration Services (CAS). Those actions accomplished by the Government including quality assurance (QA), safety, flight operations, and others listed in Federal Acquisition Regulation (FAR) 42.302, Contract Administration Functions.

1.14. Contract Administration Services Component (CASC). A Contract Management Office (CMO) of Defense Contract Management Agency (DCMA) or a Service which performs CAS in a designated geographical area or a specific contractor’s facility as listed in the Federal Directory of Contract Administration Services (CAS) Components.

1.15. Contract Management Office (CMO). The office which performs assigned functions related to the administration of contracts and preaward functions. The focal point is the Administrative Contracting Officer (ACO).

1.16. Contracting Officer (CO/KO).

1.16.1. Administrative Contracting Officer (ACO).

1.16.2. Procuring Contracting Officer (PCO).

1.17. Contractor. Any individual, corporation, or other entity whose personnel may operate aircraft; or perform aircraft maintenance, modification or production.

1.18. Engineering Test Flights XE "Test Flights:engineering" .

1.18.1. Subsystem development flights (e.g., autopilot, fire control, bombing/ navigation systems).

1.18.2. Flights where the aircraft serves as the vehicle carrying the item to be checked (e.g., electronic countermeasure stores, a radar system, a missile).

1.18.3. Component development and reliability flights not included under paragraph 1.18.2. (above).

1.19. Experimental Test Flights XE "Test Flights:experimental" . Flights that are conducted to determine or demonstrate critical operating characteristics of an aircraft. These flights often involve greater than normal risk. These include, but are not limited to:

1.19.1. Initial flights of a new mission, type/design or series aircraft, high angle of attack tests, flutter and loads tests, and critical stores separation tests.

1.19.2. Flights to determine or expand flight or propulsion system envelopes.

1.19.3. Flights to initially determine the performance, flight characteristics, and handling qualities.

1.19.4. Flights of experimental aircraft.

1.19.5. Flights of an aircraft whose flight characteristics may have been altered by configuration changes.

1.19.6. Initial flights of the first production aircraft of a new mission, type/design, or series.

1.19.7. Initial flights of the first of those aircraft which have undergone “major modification” as determined by the Program Manager.

1.19.8. Component development flights where failure of the test component would make the flight hazardous in nature and/or involve greater than normal risk as determined by the Program Manager, with advice from the contractor and GFR.

1.20. FAR and DoD FAR Supplement (DFARS) References. This Instruction is issued under the joint authorities of the Administrator of General Services, and the Secretary of Defense, under the broad policy guidelines of the Administrator for Federal Procurement Policy. It establishes uniform policy and procedures relating to the procurement of supplies and services. The DFARS, issued by the Office of Deputy Assistant Secretary of Defense (Procurement), provides DoD implementation guidance and policies and procedures unique to DoD. The FAR and DFARS are composed of policy guidance for contracting officers and clauses for use in contracts. Policy guidance includes instructions to contracting officers on Government policy and when to use the contract clauses contained in Part 52 of the FAR and Part 252 of the DFARS. Contract clauses set forth agreements between the Government and the contractor. NOTE: Non DoD contracts may follow internal contracting processes or specific contract wording to accomplish the intent of FAR and DFARS clauses. Some of the pertinent clauses that relate to aircraft contracts follow XE "DFARS" :

1.20.1. DFARS Part 228.3, Insurance, Subpart 228.370, Additional clauses.

1.20.2. DFARS 252.228-7001, Ground and Flight Risk.

1.20.3. DFARS 252.228-7002, Aircraft Flight Risk.

1.20.4. DFARS 252.228-7005, Accident Reporting and Investigation Involving Aircraft, Missiles, and Space Launch Vehicles.

1.20.5. FAR Subpart 42.202, Assignment of Contract Administration.

1.20.6. FAR Subpart 42.302, Contract Administration Functions.

1.21. Flight Crews. Includes crewmembers and non-crewmembers.

1.22. Flight Operations (FO) XE "Aircraft:flight operations definition" . Those aircraft operations where intent for flight exists. This instruction uses the term "flight" as defined in the GFRC/AFRC. High speed taxi and Helicopter hover taxi are also considered a flight operations activity.

1.23. FOD.

1.23.1. Foreign Object Damage (FOD XE "FOD:definition" ). Any damage attributed to a foreign object that may be expressed in physical or economic terms, which may or may not degrade the product’s required safety and/or performance characteristics. FOD prevention programs are also known as Foreign Object Elimination (FOE) programs.

1.23.2. Foreign Object Debris (FOD). A substance, debris or article alien to an aircraft or system which would potentially cause damage.

1.24. Government Flight Representative (GFR). (See Chapter 7, paragraph 7.2, for the GFR selection and assignment process.) GFRs (as defined below) are:

1.24.1. GFR (Aircraft Flight and Ground Operations) XE "GFR:definition" . A rated U.S. Military officer, or Government civilian in an aviation position, to whom the Approving Authority has delegated responsibility for approval of contractor flights, Procedures, crewmembers, and engine run certifiers, and ensuring contractor compliance with applicable provisions of this Instruction (see Attachment 6 for sample delegation letter).

1.24.2. Alternate GFR XE "GFR:alternate" . A rated U.S. Military officer, or Government civilian in an aviation position, to whom the Approving Authority has delegated responsibility to act in the absence of the primary GFR (as defined in paragraph 1.24.1 above) for approval of contractor flights, and ensuring contractor compliance with applicable provisions of this Instruction (see Attachment 6 for sample delegation letter).

1.24.3. Ground GFR XE "GFR:ground" . A U.S. Military aircraft maintenance officer or NCO (E-7 or above), or Government civilian equivalent, to whom the Approving Authority has delegated responsibility for approval of Procedures related to aircraft ground operations and ensuring contractor compliance with applicable provisions of this Instruction (see Attachment 6 for sample delegation letter). Ground GFRs (as defined by this paragraph) are not authorized to act as a GFR (Aircraft Flight and Ground Operations (paragraph 1.24.1)) or an alternate GFR (paragraph 1.24.2), approve contractor crewmembers, non-crewmembers, flights, flight related portions of the Procedures, any function/procedure described in this Instruction's Chapter 4 (Flight Operations), or Chapter 5, paragraph 5.3.4.3.2 (engine run qualifiers/certifiers). The Approving Authority may appoint an alternate Ground GFR.

1.25. Government-Furnished Equipment (GFE)/Property (GFP). Any Government-owned equipment, including aircraft, aircraft parts, or Ground Support Equipment (GSE) provided to a contractor for use in conjunction with a specific contractual requirement.

1.26. Ground Operations XE "Aircraft:ground operations definition" . Aircraft operations without intent for flight. Specific operations include, but are not limited to, aircraft maintenance/overhaul/modification/ repair, towing, subsystem warm-up/checkout, taxiing (other than hover taxiing and high speed taxi operations), engine run or other operation of installed engines, and/or propeller(s) or rotor(s), as appropriate; preflight/postflight and operation of associated aerospace ground support equipment, Aircraft Rescue and Firefighting (ARFF) operations and operation of any Ground Test Vehicle (GTV).

1.27. Ground Personnel. Personnel designated by the contractor to perform ground operations.

1.28. Hardware Control XE "FOD:hardware control" . A method for the control of loose hardware such as nuts, bolts, cotters pins, rivet heads, etc. used to prevent FOD.

1.29. Intent for Flight XE "Flight:intent for flight" . For operations under contract use the specific Service definition.

1.30. Leased Aircraft XE "Aircraft:leased" . Any Government-owned aircraft provided to a contractor under a Lease Agreement. Aircraft are usually leased to a contractor for the contractor’s use. Aircraft are usually bailed to a contractor to perform Government contract work. DoD Directive 7230.8, Leases and Demonstrations of DoD Equipment, further clarifies leased aircraft procedures and requirements. Lease agreements are legal contracts between the Government Program Office and the contractor.

1.31. Maintenance Test Flight XE "Check Flights:maintenance test" (Army).

1.31.1. Any flight performed to accept or check accomplishment of depot maintenance, contract maintenance, or modification.

1.31.2. Flights performed to determine whether aircraft and its various components are functioning according to predetermined specifications while subjected to the flight environment.

1.32. May. Denotes the permissive. However, the words “no person may...” mean that no person is required, authorized, or permitted to do the act described.

1.33. Mixed Crews XE "Crewmembers:mixed crews" . Flight crews composed of a mix of Government and contractor personnel, or multiple contractors.

1.34. Non-crewmember XE "Non-crewmembers:definition" . Personnel, other than crewmembers, designated by the Contractor’s Requesting Official (CRO) to perform a necessary function while the aircraft is in flight, for example: maintenance personnel observing the performance of malfunctioning equipment to help ascertain the cause of equipment failure, photographers, and systems operators. NOTE: The term non-crewmember does not apply to UAS support personnel, i.e. non-pilots.

1.35. Orientation Flight XE "Flight:orientation" . A flight (usually performed within the local flying area) to familiarize selected personnel with the mission of the aircraft. Orientation flights are always Point A to Point A.

1.36. Privileged Safety Information XE "Safety:privileged information" XE " Privileged Safety Information" . Statements, reports or testimony given to a safety investigator or board pursuant to a promise of confidentiality, and any direct references to any such statements or testimony elsewhere in a report. The findings, evaluations, analyses, opinions, conclusions, recommendations and other indications of the deliberative processes of a safety investigator, safety investigation boards, endorsers and reviewers are also privileged safety information.

1.37. Procedures. XE "Procedures:definition" Separate and distinct written instructions developed by the contractor and approved by the GFR, which delineate the processes contractor personnel shall follow while conducting operations affecting aircraft subject, by contract, to the requirements of this Instruction. Procedures may be divided into two parts; Flight Operations Procedures (FOPs) and Ground Operations Procedures (GOPs). The terms Procedures and Contractor's Procedures are synonymous.

1.38. Program Office (also System Program Office (SPO), Program Management Office (PMO), Program Management Aircraft (PMA)). The office which awards or executes a contract for supplies or services and performs post award functions when these are not assigned to a contract administration office.

1.39. Requesting Official XE "Requesting Official" . Also known as the Contractor’s Requesting Official (CRO), the member of the contractor’s first level of management (president, vice president) or appointed designee authorized to sign a “Request for Approval for Qualification Training,” “Request for Approval of Contractor Crewmember,” and "Request for Flight Approval" for approval by the GFR.

1.40. Service Guidance XE "Service Guidance:definition" . Includes the procuring Service’s regulations, instructions, flight manuals, and technical publications which are applicable to the specific flight and/or ground operations conducted by the contractor, as specified in the contract, and includes:

1.40.1. For USAF aircraft contracts: AFI 11-202, Vol. 1-3 and applicable AFMC supplements; AFI 11-2FT, Vol. 1-3; AFI 11-401 and AFI 11-301 and applicable AFMC supplements.

1.40.2. For USN/USMC aircraft contracts: OPNAV Instruction 3710.7 and applicable aircraft general NATOPS FLIGHT MANUALS.

1.40.3. For USA aircraft contracts: AR 70-62, AR 95 series, AR 40-501, and applicable technical manuals.

1.40.4. For USCG aircraft contracts: COMDTINST M3710.1 series, COMDTINST M13020.1 series.

1.41. Shall. Denotes the imperative.

1.42. Should. Indicates a desired, though not required, outcome.

1.43. Sortie. XE "Flight:sortie" For record and reporting purposes of this Instruction, a sortie is defined as a flight by one aircraft. A sortie begins when the aircraft begins to move forward on takeoff or takes off vertically from rest at any point of support. It ends after airborne flight when the aircraft returns to the surface and,

1.43.1. The engines are stopped, or

1.43.2. Aircraft has been on the surface for 5 minutes, whichever comes first between 1.43.1 and 1.43.2, or;

1.43.3. Change is made in the pilot in command.

1.44. Support Flights. XE "Flight:support" These include but are not limited to:

1.44.1. Photographic.

1.44.2. Chase.

1.44.3. Rescue and recovery.

1.44.4. Target or target towing.

1.44.5. Aircraft delivery.

1.44.6. Orientation.

1.44.7. Demonstration flights.

1.44.8. Severe weather evacuation flights.

1.44.9. Cargo and/or personnel transport flights. This includes flights of an emergency nature.

1.44.10. Aircrew evaluation, training, and currency.

1.45. Product or Mission Support Flights (including deployments) as directed by the Services.

1.46. Test Aircraft. XE "Aircraft:test" Any aircraft used for research, development or test and evaluation purposes.

1.47. Tool Control. XE "FOD:tool control" A method for ensuring accountability of all contractor and or personal tools at the start and finish of each maintenance task.

1.48. Unmanned Aerial Vehicle (UAV XE "Aircraft:UAV definition" ). Any aircraft that is operated without the pilot onboard. UAVs are also known as Remotely Operated Aircraft (ROA), Remotely Piloted Aircraft (RPA), and Remotely Piloted Vehicles (RPV).

1.49. Unmanned Aircraft System (UAS XE "Aircraft:UAS definition" ). Includes the aircraft (UAV) and ground support elements.

Chapter 2

WAIVER PROCEDURES

2. Waivers. A waiver is written relief from a specific contractual requirement. The contractor should request a waiver when specific requirements add cost or complexity to contract accomplishment without increasing safety or reducing Government’s risk, or when alternate procedures or requirements can be substituted which provide equivalent levels of safety, proficiency and/or risk mitigation. (NOTE: ACOs and PCOs shall not use the contract modification process for aviation contracts to waive this Instruction or Service Guidance requirements. DFARS Part 228.3, Insurance, Subpart 228.370 – Additional Clauses, describe the limits imposed on the PCO for modifying the GFRC.) When issued, waivers shall be valid no more than the length of the applicable contract and shall be attached to the Procedures. All waivers shall be reviewed at least annually by the GFR to ensure the requirements for the waiver are still valid. There are three types of waivers that affect contractor aircraft operations; waivers to this Instruction; waivers to Service Guidance; and contract waivers.

2.1. Waivers to this Instruction XE "Waivers:this Instruction" .

2.1.1. Waiver requests to this Instruction are generated by the contractor.

2.1.2. Content. Waiver requests should detail justifications for the waiver and procedures for mitigating the risk to Government aircraft affected by the waiver. Waiver requests must be in written or electronic format.

2.1.3. Routing. Send all requests for waivers to this Instruction to the GFR. The GFR will ensure the ACO receives a copy of the waiver package. DCMA GFRs shall forward waiver requests with recommendations through their chain of command to DCMA-AO. DCMA-AO will endorse the waiver with recommendations, and forward it to the waiver authority of the Instruction. Service GFRs shall forward waiver requests with recommendations directly to the waiver authority. Waiver requests should be processed in a timely manner to ensure minimal disruption of flight operations.

2.2. Service Guidance Waivers XE "Waivers:Service Guidance" XE "Service Guidance:waivers" .

2.2.1. Purpose. Waivers to Service Guidance are generated by the contractor. Service Guidance includes the procuring Service’s regulations, instructions, flight manuals, and technical publications which are applicable to the specific flight and ground operations conducted by the contractor, and are specified in the contract. The use of Service Guidance in a contract ensures that contractor’s flight and ground operations risk levels parallel the risk accepted by the Services. Though “contractor” operations may not have been considered when Service Guidance was developed, contractors must comply with the Service Guidance as written (when required by this instruction) or seek relief through the waiver process.

2.2.2. Content. Waiver requests should detail justifications for the waiver and procedures for mitigating the risk to Government aircraft affected by the waiver. Waiver requests must be in written or electronic format.

2.2.3. Routing. From the contractor’s viewpoint the routing process for Service Guidance is the same as for waivers to this Instruction. Once the waiver package is received by the waiver authority for this Instruction, they will forward it with recommendations to the appropriate Service Guidance waiver authority for final approval or disapproval.

2.3. Contract Waivers or Contract Changes XE "Waivers:contract requirements" . Requests to modify contract requirements are accomplished through the use of a DD Form 1716. These contract modification requests are routed through the ACO to the PCO for action. If the contract change relates to aircraft operations, route DD Form 1716s generated by contractors through the GFR. The GFR will forward the 1716 with recommendations to the ACO.

2.4. Approved Waivers. If approved, the GFR will discuss the scope of the waiver with the ACO who will determine if any equitable adjustments to the contract are warranted. The specifics of the deviation shall be included in the Procedures.

2.5. Waiver Authorities for this Instruction and Service Guidance XE "Waivers:Service authorities" :

2.5.1. Army - U. S. Army Materiel Command, ATTN: AMCOPS-CA, 9301 Chapek Rd., Ft. Belvoir, VA 22060-5527.

2.5.2. Air Force - Headquarters Air Force Materiel Command, HQ AFMC/A3. Forward requests to HQ AFMC/A3V, 508 W. Choctawhatchee, Eglin AFB, FL 32542-5713.

2.5.3. Navy - Commander, Naval Air Systems Command, AIR-09F, 22541 Millstone Rd. Unit 10, Patuxent River, MD 20670-1601.

2.5.4. Coast Guard - Assistant Commandant for Engineering and Logistics, COMDT CG 4, 2100 2nd St. SW, Washington, DC 20593-0001.

2.5.5. Non-Signatory Waiver Authorities XE "Waivers:other waiver authorities" – When a contract that includes this Instruction, is issued by an organization not signatory to this Instruction (NASA, DEA, DHS, foreign governments, etc.), contact the organization issuing the contract for guidance on identifying the appropriate waiver authority.

Chapter 3

PROCEDURES

3. Contractor's written Procedures. XE "Procedures:requirements" Contractors shall develop specific written Procedures for all flight and ground operations. Contractors shall not begin flight or ground operations until the Procedures have been approved in writing by the GFR.

3.1. General Guidance. XE "Procedures:general guidance" Should a conflict occur between sources of guidance, the following hierarchy shall be used in descending order: the contract, this Instruction, Service Guidance, the Procedures. Procedures shall include all items from Attachment 10, item by item, as applicable. Contractors need not include in their Procedures the definitions from this Instruction except as a reference. If included, the definitions shall not be changed. Contractors do not need to include in their Procedures the crewmember qualifications from this Instruction unless they wish to make them more restrictive. Contractors with separate functional organizations responsible for Flight and Ground Operations may divide their Procedures into two parts; Flight Operations Procedures (FOPs) XE "Procedures:FOPs" and Ground Operations Procedures (GOPs) XE "Procedures:GOPs" . However, contractor functional organizations are responsible for compliance with this Instruction and the Procedures as a whole.

3.2. Responsibilities. XE "Procedures:responsibilities" The contractor is responsible for writing, implementing and enforcing their Procedures, and for identifying and correcting deficiencies.

3.3. Preparation. XE "Procedures:preparation" The contractor shall prepare and maintain specific written Procedures, separate and distinct from industrial or quality procedures, that describe aircraft flight and ground operations at all operating facilities. If the contractor references existing company procedures, operating instructions, etc., in these Procedures, the referenced document(s) shall be made readily available for review and become part of the GFR approval process. The Procedures shall:

3.3.1. Provide specific guidance describing activities and requirements of this Instruction and contractual provisions pertaining to safety, and flight and ground operations applicable to all aircraft for each specific contractor operation and location.

3.3.2. Describe in detail how the contractor ensures that individuals perform only duties they are qualified and authorized to perform.

3.3.3. Adequately explain all aspects of a given operation. (e.g., identify the office/title of individual responsible, steps taken to accomplish activities, verification procedures, training requirements, and records/documentation required).

3.4. Use of Service Guidance XE "Procedures:Use of Service Guidance " . Contractors shall base their Procedures on Procuring Service Guidance as defined in paragraph 1.40 for conducting all aircraft flight and ground operations. For all operations, contractors are bound only by that Service guidance that is applicable to the operations being performed under contract. In the development of Procedures, the contractor, GFR, and Program Office should work together closely to ensure that the correct, applicable Service Guidance is used. If Service guidance is not available for a unique aircraft, test program, or flight/ground operation, then the contractor shall recommend procedures similar to Service guidance for a like aircraft and/or operation for GFR approval.

3.4.1. At locations with multiple Service contracts, the GFR and contractor may elect to specify general guidance from a single source for basic flight rules, evaluations etc. The contractor is encouraged to develop a common set of Procedures. This may require the contractor to request common process block changes or waivers.

3.4.2. The GFR, in concert with contractor management personnel, should ensure that existing Procedures are modified, if required, when pertinent Service guidance changes. This may require a contract change.

3.5. Subcontractors XE "Procedures:subcontractors" . The prime contractor is responsible for all contract requirements subcontracted or delegated to other sources. The prime contractor has the responsibility for ensuring that the subcontractor has procedures in place to implement the requirements of this Instruction. The Government’s indemnification of the contractor through the Ground and Flight Risk Clause (DFARS 252.228-7001) and the Aircraft Flight Risk Clause (DFARS 252.228-7002) does not automatically flow down to subcontractors unless specifically stated in the contract. The requirements of this Instruction apply even when the Government’s assumption of risk through the GFRC/AFRC does not flow down to a subcontractor.

3.6. Format. XE "Procedures:format" Contractors should write their Procedures to follow the order of Attachment 10

3.7. Approval. XE "Procedures:approval process" The contractor shall:

3.7.1. Forward the completed Procedures for each location to the cognizant GFR for approval.

3.7.2. Identify to the GFR a single point of contact who has cognizance over the functional organizations involved and who can coordinate approval issues.

3.7.3. Maintain current copies of the approved Procedures at each operating location.

3.7.4. GFR's may conditionally approve a contractor’s Procedures in cases where the contractor is making progress towards a complete and satisfactory set of Procedures but schedule constraints make the conditional approval of interim GOPs or FOPS acceptable . Contract work may only commence on the areas of the interim Procedures that have been approved. The GFR will provide the conditions of the approval in writing to the contractor.

3.8. Changes. All proposed changes shall be submitted to the GFR in writing. Approved changes shall be incorporated into all copies of the Procedures. Changes are not in effect until the GFR approves them.

3.9. Changes to this Instruction. If a contract modification implements a more recent version of this Instruction, the contractor may operate for three months with existing approved Procedures created using an earlier version of this Instruction, until a revised set of Procedures can be prepared and approved.

3.10. Core Procedures. XE "Procedures:Core" Some contractors develop overarching “Core” procedures to ensure operations are uniform throughout their multiple locations. Since Core procedures cannot address site/aircraft specific operations, each site using the Core procedures must also develop a local operating annex to cover those gaps. The Core procedures and annex together comprise the contractor’s Procedures.

3.11. Review requirements XE "Procedures:review requirements" . Contractors shall conduct a review of their Procedures at least every 12 months. At the completion of the review, recommended changes shall be forwarded to the GFR for approval. The GFR’s annual approval shall be attached to the Procedures. A signature page in the front of the Procedures may serve as the GFR’s approval/annual review letter.

3.12. Deficiencies. XE "Procedures:deficiencies" The GFR shall notify the contractor if he/she finds deficiencies or inadequacies in the Procedures. Failure to correct the deficiency within the specified time identified in the GFR's notification, is grounds for withdrawal of the approval of the Procedures, contractor flight operations, and/or crewmembers. Flight or ground operations conducted after such withdrawal are deemed operations without the approvals required by applicable clauses of the contract.

3.13. Noncompliance XE "Procedures:noncompliance" . Should the GFR discover noncompliance with approved Procedures, or discover use of unsafe practices, the GFR shall notify the contractor and ACO. Oral notification by the GFR shall be followed by a formal written statement fully outlining the deficiencies. Failure to comply with approved Procedures or continuation of a dangerous practice is unacceptable and therefore an unreasonable condition within the meaning of the clauses of the contract. A noncompliance may be considered grounds for withdrawal of the Government’s assumption of risk for loss or damage to Government aircraft. Withdrawal of the Government’s risk shall be accomplished in accordance with the applicable contract wording. The Government reserves the right to take such other action as may be necessary to preserve the safety and security of the aircraft.

3.14. Questions of Interpretation. A difference of interpretation concerning the Procedures between the contractor and GFR should be raised to the following authorities for resolution: for DCMA activities, DCMA-AO; for Service activities, waiver authority for this Instruction as listed in paragraph 2.5.

3.15. Access to Contractor’s Facilities. The Prime contractor shall provide the GFR and APT access to the aircraft and facilities upon request and without delay during work hours. If the contractual work is subcontracted to another company, the Prime is responsible to ensure that the GFR and APT have the same privilege to enter the subcontractor's facilities, and the same access to the aircraft being worked. Access is limited to those areas directly related to operations under this Instruction.

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Chapter 4

Flight Operations

4. Flight Operations. This chapter applies to all Contractor Requesting Officials, crewmembers and non-crewmembers. It applies for all flights under contract regardless of who is on board or operating the aircraft.

4.1. Flight Management. This area shall describe:

4.1.1. Contractor flight planning area XE "Flight:flight planning area" . The contractor shall establish and maintain a flight planning area and provide access to current and sufficient information, including NOTAMs, weather forecasts and advisories, allowing crewmembers to properly plan and participate in flights.

4.1.2. Flight profiles XE "Flight:profiles" . Flight profiles shall be prepared for all flights and shall detail planned flight checks and events, to include proficiency training and the specific geographical areas or point-to-point routes to be used. Design flight profiles to allow the maximum possible use of ground radar monitoring / advisories, radio communications (status reports at established intervals) or chase aircraft to monitor aircraft position and status.

4.1.3. Contractor Flight Approval XE "Flight:approvals" . The GFR approves all contractor flights under this Instruction. The Government does not assume any risk of loss under the GFRC/AFRC for any flight which has not received prior written approval by the GFR. Procedures shall delineate processes that ensure flight schedules are developed, and Requests for Flight Approvals submitted, with sufficient lead time to preclude interruption to either Government or contractor operations.

4.1.4. Flights with Multiple Contractors/Multiple Contracts. The GFR approving flights involving a mixture of contractors and or contracts shall direct which Procedures the aircrew will follow.

4.1.5. Approved Flights. Flights approved by the GFR must be:

4.1.5.1. Conducted by current and qualified crewmembers and non-crewmembers (except as noted in paragraph 4.5.1, and 4.5.8); in an approved flight area, route, and specified profile.

4.1.5.2. Performed according to an approved mission profile or test plan, and within applicable safety and engineering limitations. Experimental and engineering test flights require a specific test plan.

4.1.5.3. In accordance with approved Procedures.

4.1.6. Flight Supervision. Procedures shall:

4.1.6.1. Allow for communication between the contractor flight operations facility and the crewmembers in flight while flying in the local area (e.g. contractor radio, phone patch through tower, etc.). Whatever system is used must be manned for the duration of the flight.

4.1.6.2. As a minimum, identify the check flight area, supersonic corridor, stereo route profiles and any required/desired Federal Aviation Administration (FAA) coordination.

4.1.6.3. Identify aircraft maintenance release procedures to include a review of all safety of flight non-conforming repairs, a review of aircraft logs and records for outstanding safety of flight aircraft inspections / bulletins requiring action and expiring components (such as TDs, SBs, TCTOs, ADs, etc) XE "Aircraft:maintenance release procedures" .

4.1.6.4. Include record keeping requirements for supersonic flights, if applicable.

4.1.7. Documentation of Certificates, Licenses, and Permits. Procedures shall identify the office/title of the individual(s) responsible for ensuring the currency of these documents. A method shall be established to inform the GFR when these documents are renewed or expire or are withdrawn or canceled. Contractors should not submit, and GFRs shall not approve, crewmembers with non-current certificates, licenses, or permits.

4.1.8. Mixed Crew Flights XE "Flight:mixed crews" XE "Crewmembers:mixed crews" . Procedures must address designation of pilot in command and crew positions for dual piloted and/or multi place aircraft and flight lead for formation flights. With dual contractors with no prime-sub relationship flying on the same flight, dual flight authorization requests are required. Mixed crews performing crewmember or maintenance tasks shall use identical checklists.

4.1.9. Minimum Crew Requirements. XE "Crewmembers:minimum crew requirements" Minimum crew requirements for the various types of flight activities shall be addressed by the contractor.

4.1.10. Aircrew Duty and Rest Limitations XE "Flight:aircrew duty and rest limitations" XE "Crewmembers:aircrew duty and rest limitations" . The crew rest period is the non work period immediately preceding the crew duty period. This period shall be a minimum of 12 hours with at least 8 uninterrupted hours allowed for sleep. The following crew duty period restrictions apply to all contractor crewmembers/non-crewmembers:

4.1.10.1. The crew duty period begins when an individual reports for work (either flight or administrative duties) and ends when the engines are stopped at the end of a mission or series of missions.

4.1.10.2. The basic crew duty period shall not exceed 12 consecutive hours. The GFR is authorized to grant extensions to the basic crew duty period of not more than two hours on a case-by-case basis.

4.1.10.3. When flying support flights (or engineering test flights IAW paragraph 1.18.2) in dual-piloted aircraft with an operative autopilot installed and used, the maximum crew duty period may be 16 consecutive hours.

4.1.10.4. Pilots in single-piloted helicopters are limited to a maximum of 6 flying hours in a 12-hour crew duty period.

4.1.10.5. Use of augmented crews per procuring Service guidance is allowed.

4.1.10.6. Procedures shall address chronic fatigue issues.

4.1.11. Other Aircrew Restrictions. The contractor shall establish flight restrictions for contractor flight personnel recovering from the effects of alcohol consumption, medications, diving, etc.

4.1.12. Publications XE "Publications" . This area shall include:

4.1.12.1. Flight Crew Information File XE "Procedures:Flight Crew Information File" (FCIF). Each flight operations facility shall maintain an FCIF at a location readily available to crewmembers. Procedures shall require crewmembers to read and certify knowledge of the contents of the FCIF initially, and whenever there are new entries. Additionally, an annual review of the FCIF is required. The FCIF should contain information which affects the safety of aircraft operations and information of a transitory nature that concerns flight operations.