DCMA-INST-8210-1C.pdf

APT Reference Book Volume I – TAB A

DCMA INST 8210.1C

AFI 10-220_IP

AR 95-20

NAVAIRINST 3710.1G

COMDTINST M13020.3A

DCMA-AO

21 August 2013

Administratively Reissued April 9, 2014

CONTRACTOR’S FLIGHT AND GROUND OPERATIONS

PURPOSE. This Instruction supersedes DCMA INST 8210.1/AFI 10-220_IP/ AR 95-20/NAVAIRINST 3710.1F, COMDTINST M13020.3, 1 March, 2007, and all previous versions. It establishes requirements for flight and ground 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. This Instruction describes the content of the contractor’s aircraft flight and ground 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, production, modification, 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 combined military Regulation/Instruction) for review.

PRIVACY ACT. The Privacy Act of 1974 affects this Instruction. This document requires the collection and or maintenance of information protected by the Privacy Act of 1974. The authority to collect and maintain the records prescribed in this instruction are in Title 10, United States Code (U.S.C.), Section 8013 and Title 37 U.S.C. 301a.

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 (804) 279-4338

8000 JEFFERSON DAVIS HWY, BUILDING 4A

RICHMOND VA 23297-8000

ARMY: COMMANDER (256) 450-7021

U. S. ARMY MATERIEL COMMAND

ATTN: AMCOP-CA, 4400 MARTIN ROAD

REDSTONE ARSENAL AL 35898-5000

NAVY: COMMANDER (301) 342-7233

NAVAL AIR SYSTEMS COMMAND (AIR-09F)

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: COMMANDING OFFICER (252) 335-6191

AVIATION LOGISTICS CENTER

US COAST GUARD

1664 WEEKSVILLE RD BLDG 63

ELIZABETH CITY NC 27909-6725

GFR RESPONSIBILITIES. GFRs perform the contract administration services (CAS) function – FAR SubPart 42.302(a)(56) maintain surveillance of flight operations. 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 whenever this Instruction appears on contract. Further GFR responsibilities are described in Chapter 7.

COMMANDER RESPONSIBILITIES. Commanders having the administrative responsibility for any contract or other legal agreement (e.g., Cooperative Research and Development Agreements (CRADAs), special Other Transactions Authority (OTA), or Grants) containing this Instruction shall ensure a trained GFR is appointed to perform the FAR SubPart 42.302(a)(56) CAS responsibilities.

CONTRACTOR RESPONSIBILITIES. Contractors are responsible for establishing and enforcing safe and effective written Procedures IAW this Instruction. Prime contractors shall ensure their subcontractors comply with the provisions of 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 GFR/GGFR Appointment Letter Sample Format ATT 6.1 Applications for GFR/GGFR Appointments ATT 7 Sample Supporting Contract Administration Delegation Format ATT 7.1 Sample GFR/GGFR Cross Organizational LOA ATT 8 Sample Survey Report Format ATT 9 Sample Facility Data Sheet Format ATT 10 Required Procedures Outline ATT 11 Procedures Review Checklist ATT 12 Ground Operations Training Matrix ATT 13 Corrective Action Requests ATT 14 Certificate of Compliance ATT 15 Index http://www.dtic.mil/whs/directives/infomgt/forms/eforms/dd0250.pdf https://home.dcma.mil/DCMAHQ/dcma_AO/_files/DCMA644-FEB07.pdf http://www.dtic.mil/whs/directives/infomgt/forms/eforms/dd1716.pdf http://www.dtic.mil/whs/directives/infomgt/forms/eforms/dd1821.pdf http://www.dtic.mil/whs/directives/infomgt/forms/eforms/dd2627.pdf http://www.dtic.mil/whs/directives/infomgt/forms/eforms/dd2628.pdf https://home.dcma.mil/DCMAHQ/dcma_AO/_files/DCMA644-FEB07.pdf http://www.dtic.mil/whs/directives/infomgt/forms/eforms/dd2627.pdf http://www.dtic.mil/whs/directives/infomgt/forms/eforms/dd1821.pdf http://www.dtic.mil/whs/directives/infomgt/forms/eforms/dd2628.pdf

BY ORDER OF THE DIRECTOR, DEFENSE CONTRACT MANAGEMENT AGENCY,

COMMANDANT, US COAST GUARD, AND THE SECRETARIES OF THE ARMY, THE

AIR FORCE, AND THE NAVY

/s/ 5 June 2012

D. ARCHITZEL

Vice Admiral, U.S. Navy Commander

/s/ 28 February 2013

RAYMOND T. ODIERNO

General, United States Army Chief of Staff

Official:

JOYCE E. MORROW

Administrative Assistant to the Secretary of the Army

/s/ 18 July 2013 BURTON M. FIELD, Lt Gen, USAFDCS, Operations, Plans & Requirements

/s/ 22 May 2013

RONALD J. RÁBAGO

Rear Admiral, United States Coast Guard Assistant Commandant for Engineering and Logistics

/s/ 21 August 2013

CHARLIE E. WILLIAMS, JR.

DCMA Director

COORDINATION: DCMA (DCMA-AO), Army (HQ AMC: AMCOP-CA), Navy (AIR-09F), Air Force (HQ AFMC/A3V), Coast Guard (ALC)

Table of Contents

Page

PURPOSE

APPLICABILITY AND SCOPE

PRIVACY ACT

CHANGES

GFR RESPONSIBILITIES

COMMANDER RESPONSIBILITIES

CONTRACTOR RESPONSIBILITIES

INFORMATION REQUIREMENTS

Chapter 1

1. Definitions as they apply to this Instruction

1.1. Aircraft

1.2. Aircraft Acceptance

1.3. Aircraft Identification Conventions

1.4. Aircraft Operations

1.5. Aircraft Rescue and Fire Fighting (ARFF)

1.6. Approving Authority

1.7. Army Nonstandard Aircraft

1.8. Aviation Program Team (APT)

1.9. Aviation Safety Official (ASO)

1.10. Bailed Aircraft

1.11. Certificate

1.12. Certified

1.13. Check Flights

1.14. Certificate of Waiver or Authorization (COA)

1.15. Cognizant Service Safety Office (CSSO)

1.16. Component

1.17. Composite Tool Kits (CTKs)

1.18. Contract Administration Services (CAS)

1.19. Contract Administration Services Component (CASC)

1.20. Contract Flight

1.21. Contract Management Office (CMO)

1.22. Contracting Officer (CO/KO)

1.23. Contractor

1.24. Contractor’s Requesting Official (CRO)

1.25. Control

1.26. Crewmember

1.27. Engineering Test Flights

1.28. Experimental Test Flights

1.29. FAR and DFARS References

1.30. Flight Crews

1.31. Flight Operations

1.32. FOD. Foreign Object Damage/Foreign Object Debris

1.33. Government Flight Representative (GFR)

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

1.35. Ground Operations

1.36. Ground Personnel

1.37. Hardware Control

1.38. Intent for Flight

1.39. Leased Aircraft

1.40. Maintenance Test Flight (Army)

1.41. May

1.42. Mixed Crews

1.43. Non-crewmember

1.44. Orientation Flight

1.45. Privileged Safety Information

1.46. Procedures

1.47. Program Manager (PM)

1.48. Program Office (also System Program Office (SPO), Program

Management Office (PMO), Program Management Aircraft (PMA))

1.49. Qualified

1.50. Service Guidance

1.51. Shall

1.52. Should

1.53. Sortie

1.54. Support Flights

1.56. Test Aircraft

1.57. Trained

1.58. Tools

1.59. Unmanned Aircraft (UA)

1.60. Unmanned Aircraft Observer

1.61. Unmanned Aircraft System

Chapter 2

2. Waivers

2.1. Waivers to this Instruction

2.2. Service Guidance Waivers

2.3. Contract Waivers or Contract Changes

2.4. Approved Waivers

2.5. Waivers with Time Limit

2.6. Waiver Authorities

Chapter 3

3. Contractor's Written Procedures

3.1. General Guidance/Requirements

3.2. Responsibilities

3.3. Preparation

3.4. No existing Procedures

3.5. Use of Service Guidance

3.6. Subcontractors

3.7. Format

3.8. Approval

3.9. Changes

3.10. Modifying contracts to implement to this version of the Instruction

3.11. Locations with multiple versions of this Instruction

3.12. Core Contractor’s Flight and Ground Operations Procedures

3.13. Review Requirements

3.14. Deficiencies

3.15. Noncompliance

3.16. Questions of Interpretation

3.17. Access to Contractor’s Facilities

Chapter 4

4. Flight Operations

4.1. Flight Management

4.2. Crewmember/Non-Crewmember Approval

4.3. Crewmember Qualification Requirements

4.4. General Procedures

4.5. Crewmember Training Requirements

4.6. Crewmember Ground Training Requirements

4.7. Crewmember Evaluations

4.8. Forms and Records

Chapter 5

5. Ground Operations

5.1. Ground Operations Procedures (GOPs)

5.2. Training, Qualification and Certification

5.3. FOD and Tool Control

5.4. Aircraft Engine/APU/GTC Operation (Ground Personnel)

5.5. Medical (Physical) Requirements for Ground Personnel

5.6. Aircraft Ground Support Equipment (AGSE)

5.7. Airfield and Facility Vehicle Operation

5.8. Aircraft servicing

5.9. Aircraft Ground Handling

5.10. AFE/ALSE/ALSS

5.11. Egress System/Component Maintenance and Storage

5.12. Aircraft/Equipment Hydraulic Fluid Analysis Program

5.13. Oil Analysis Program

5.14. Test, Measurement, and Diagnostic Equipment (TMDE)

5.15. Weight and Balance

5.16. Tire and Wheel

5.17. Welding and Brazing (on fueled or previously fueled aircraft)

5.18. Security of Aircraft/Prevention of Unauthorized Access

5.19. Technical Orders/Maintenance Manuals

5.20. Aircraft Records Management

5.21. Safe-for-Flight Release

5.22. Battery Handling, Recharge and Storage

5.23. Corrosion Control

5.24. Aircraft Weapons, Munitions, and Cartridge Activated Devices

5.25. Lasers

5.26. Severe Weather

5.27. Fuel System Maintenance

5.28. Hangaring of Aircraft

5.29. Storage and Handling of Hazardous Materials (HAZMAT)

5.30. Gases (Inert and Flammable)

Chapter 6

6. Aviation Safety Program Elements

6.1. Mishap Prevention Program

6.2. Aircraft Rescue and Fire Fighting

6.3. Protection of Aircraft on the Ground

6.4. Aircraft Hangars

Chapter 7

7. GFR Procedures

7.1. GFR Qualifications

7.2. GFR Selection and Assignment

7.3. GFR Training

7.4. GFR Designation

7.5. PCO Responsibility

7.6. ACO Responsibility

7.7. Contractor Field Team (CFT)

7.8. GFR General Responsibilities

7.9. Subcontractor

7.10. CAS Responsibilities

7.11. Contractor Flight And Ground Operations Surveys

7.12. Other GFR Responsibilities

Attachment 1 – Glossary of Acronyms

Attachment 2 – Request for Flight Approval

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

Attachment 4 – Contractor Crewmember Record

Attachment 5 – Request For Approval Of Contractor Crewmember

Attachment 6 – GFR/GGFR Appointment Letter Sample Format

Attachment 6.1 – Applications for GFR/GGFR Appointments

Attachment 7 – Sample Supporting Contract Administration Delegation Format ... 91

Attachment 7.1 – Sample GFR/GGFR Cross Organizational LOA

Attachment 8 – Sample Survey Report Format

Attachment 9 – Sample Facility Data Sheet Format

Attachment 10 – Required Procedures Outline

Attachment 11 – Procedures Review Checklist

Attachment 12 – Ground Operations Training Matrix

Attachment 13 – Corrective Action Requests

Attachment 14 – Certificate of Compliance

Attachment 15 – Index

Blank

Chapter 1

DEFINITIONS

1. Definitions as they apply to this Instruction.

1.1. Aircraft. For the purposes of this Instruction, unless otherwise provided in the contract, means:

1.1.1. Aircraft to be delivered to the Government under contract (either before or after Government 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, whether in a state of disassembly or reassembly, furnished by the Government to the Contractor under contract, including all Government property installed, in the process of installation, or temporarily removed; provided that the aircraft and property are not covered by a separate bailment agreement;

1.1.3. Aircraft furnished by the Contractor under contract (either before or after Government acceptance); or

1.1.4. Conventional winged aircraft, as well as helicopters, vertical take-off or landing aircraft, lighter-than air airships, unmanned aerial vehicles, or other nonconventional aircraft specified in contract.

1.2. Aircraft Acceptance.

1.2.1. Pre-Accepted Aircraft. Any aircraft for which the final DD Form 250, Material Inspection and Receiving Report, for a specific contract has not been executed by the Government.

1.2.2. Accepted Aircraft. Any aircraft for which the final DD Form 250, Material Inspection and Receiving Report, 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). 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. Identifies modifications to the Basic Mission of an aircraft.

The modified mission identification appears to the left of the Basic Mission symbol (e.g., UAS/SUAS (MQ-1B); tanker (KC-135R); cargo (CH-47D), anti-submarine (SH-60B).

1.3.3. Aircraft Design (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-16; H-60; C-17).

1.3.4. 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. Operations as described in FAR SubPart 42.302(a)(56), includes flight and ground aircraft operations.

1.5. Aircraft Rescue and Fire Fighting (ARFF). The firefighting action taken to prevent, control, or extinguish fire involving, or adjacent to, an aircraft. The purpose of ARFF is to suppress the fire long enough to rescue any incapacitated crewmembers and non-crewmembers, maintain maximum escape routes for ambulatory aircraft occupants, protect firefighting personnel, and minimize the damage to the aircraft.

1.6. Approving Authority. The commander or designee of one of the following organizations having the administrative responsibility for a particular contract. (Note:

GFRs receive their appointment letters from their Approving Authority. See Chapter 7, Paragraph 7.4, and Attachment 6.1, Applications for GFR/GGR Appointments, for additional guidance.)

1.6.1. Army – Heads of Contracting Activity (HCAs) or Principal Assistant Responsible for Contracting (PARC). The authority may be delegated within the contracting activity no lower than the Procuring Contracting Officer (PCO). No delegations are authorized external to the contracting activity.

1.6.2. Navy - Commander, Naval Air Systems Command (COMNAVAIRSYSCOM).

Delegated to other Controlling Custodian Commanders who administer FAR Subpart

42.302 responsibilities for organizational level support and training contracts.

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

1.6.4. US Coast Guard – Commanding Officer, USCG ALC.

1.6.5. DCMA - Director, DCMA; Operations Directorate, Chief Operating Officer (COO); Director, DCMA International (DCMAI); Director, DCMA Special Programs (DCMAS); DCMA Region Commanders/Directors; Commanders, Defense Contract Management Agency Contract Management Offices (CMOs); (May not be redelegated).

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

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

1.8. Aviation Program Team (APT). The Aviation Program Team (APT) is responsible for performing the FAR SubPart 42.302(a)(56) CAS mission. APTs consist of the Government Flight Representative (GFR) and alternates, Government Ground Representatives (GGRs), Contract Safety Specialist/Contract Safety Manager (CSS/CSM), and where appropriate, the Quality Assurance Representative / Specialist (QAR/QAS). The GFR leads the APT. Where no GFR is assigned, the APT consists of the GGFR, GGR (if assigned), CSS/CSM, and where appropriate, the QAR.

1.9. Aviation Safety Official (ASO). The contractor individual assigned primary responsibility for developing and administering the contractor’s aviation safety program.

1.10. Bailed Aircraft. 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.

1.11. 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.

1.12. Certified. Endorsed authoritatively as having met certain requirements;

possesses the appropriate documentation (e.g., Letter of Designation (LoD), industry certification in the case of NDT, welding, etc.).

1.13. Check Flights. Flights to determine compliance with contractual requirements, such as Acceptance Check Flights (ACFs) and Functional Check Flights (FCFs), which include:

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

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

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

1.14. Certificate of Waiver or Authorization (COA). Certificate issued by the Federal Aviation Administration (FAA) authorizing UAS/SUAS operations in the National Airspace per specifically stated requirements, restrictions, and limitations.

1.15. Cognizant Service Safety Office (CSSO). The CSSO is the Service safety office that has primary responsibility for mishap investigation and reporting on a specific aircraft and contract (Example: Tinker AFB Flight Safety is the CSSO for all KC-135 aircraft while those aircraft are Air Force Materiel Command assets under contract for major modification or PDM.).

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

1.17. Composite Tool Kits (CTKs). CTKs are tool boxes, tool kits, tool cabinets, tool shelves, equipment kits, etc. (mobile or stationary).

1.18. 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.

1.19. 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.

1.20. Contract Flight. Any flight under contract regardless of crewmember organization.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/42.htm#P75_10052 http://pubapp.dcma.mil/CASD/main.jsp

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

1.22. Contracting Officer (CO/KO).

1.22.1. Administrative Contracting Officer (ACO). Individual possessing a contracting warrant who has been delegated authority to perform transactions on behalf of the Government in support of assigned contracts pursuant to FAR SubPart 42.302.

1.22.2. Procuring Contracting Officer (PCO). The only individual authorized to issue a solicitation and award a contract. The PCO is warranted and appointed by the Head of the Contracting Agency. In most instances, the term “contracting officer” refers to the

PCO.

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

1.24. Contractor’s Requesting Official (CRO). The individual appointed by the contractor and authorized to sign a “Request for Approval for Qualification Training,” “Request for Approval of Contractor Crewmember,” and "Request for Flight Approval."

Prime contractors may appoint a subcontractor individual as CRO.

1.25. Control. To reduce or prevent the unintentional spread of, to verify, or regulate, as in FOD and Tool Control programs.

1.26. Crewmember. Any instructor/flight examiner, pilot, copilot, unmanned aircraft (UA) operator, flight engineer, navigator, weapons system operator, bombardier navigator, combat systems operator (CSO), 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 aircraft operators are considered crewmembers for UA operations.

1.27. Engineering Test Flights.

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

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

1.27.3. Component development and reliability flights not included under Paragraph

1.27.2. (above).

1.28. Experimental Test Flights. 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:

1.28.1. 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.

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

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/42.htm#P75_10052

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

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

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

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

1.28.7. 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.

1.29. FAR and DFARS References. The Federal Acquisition Regulation (FAR) and Defense FAR Supplement (DFARS) are composed of policy guidance for contracting officers, and clauses for use in contracts. The DFARS, issued by the Office of Deputy Assistant Secretary of Defense (Procurement), provides DoD implementation guidance and policies and procedures unique to DoD. 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:

1.29.1. FAR Subpart 42.202, Assignment of Contract Administration. Describes how contract administration functions are assigned, redelegated, rescinded or refused.

1.29.2. FAR Subpart 42.302, Contract Administration Functions. Lists the normal CAS functions assigned by the contracting officer and performed by a contract administration office (CAO). FAR Subpart 42.302 (a)(56) is the CAS function that this Instruction describes.

1.29.3. DFARS Part 228.3, Insurance, Subpart 228.370, Additional clauses. Requires inclusion of the GFRC in DoD aircraft contracts.

1.29.4. DFARS Subpart 242.2, Contract Administration Services. Describes responsibilities for the normal assignment of contract administration services at contractor facilities, and for base, post, camp and station contracts.

1.29.5. DFARS 252.228-7001, Ground and Flight Risk (GFRC). Used to indemnify contractors of liability under Government aircraft contracts. Requires contractors to comply with the operating procedures contained in the combined Instruction entitled ‘Contractor’s Flight and Ground Operations’ in effect on the date of contract award. The requirement to follow the Combined Instruction is a contractual requirement and applies independently of the Government’s assumption of risk via the GFRC. This requirement is applicable even when Government withdraws coverage under the GFRC.

1.29.6. DFARS 252.228-7002, Aircraft Flight Risk (AFRC). Superseded. May be in use for contracts signed before 8 June, 2010. Used to indemnify contractors of liability http://farsite.hill.af.mil/VFFARa.htm http://farsite.hill.af.mil/VFFARa.htm http://farsite.hill.af.mil/VFDFARa.htm http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/42.htm#P40_5057 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/42.htm#P75_10052 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/dfars/dfars228.htm#P117_5173 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/dfars/dfars242.htm#P140_4691 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/dfars/dfars252_227.htm#P2347_193284 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/dfars/dfars252_227.htm#P2347_193284 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/dfars/dfars252_227.htm#P2347_193284 https://home.dcma.mil/DCMAHQ/dcma_AO/_files/V1_FY12_Tab_F_Aircraft_Flight_Risk_Clause_1996.pdf under Government aircraft contracts. Normally used for cost-plus contracts. Requires contractors to comply with the operating procedures contained in the combined Instruction entitled ‘Contractor’s Flight and Ground Operations’ in effect on the date of contract award.

1.29.7. DFARS 252.228-7005, Accident Reporting and Investigation Involving Aircraft, Missiles, and Space Launch Vehicles. Requires contractors to notify and cooperate with the Government when contract aircraft are damaged.

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

1.31. Flight Operations. Those aircraft operations where intent for flight exists. This instruction uses the term "flight" as defined in the GFRC. High speed taxi and helicopter/tiltrotor hover taxi are also considered flight operations activities.

1.32. FOD. Foreign Object Damage/Foreign Object Debris.

1.32.1. Foreign Object Damage (FOD). 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.

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

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

1.33.1. GFR (Aircraft Flight and Ground Operations). 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 ensuring contractor compliance with applicable provisions of this Instruction (see Attachment 6, GFR/GGFR Appointment Letter Sample Format, for sample appointment letter).

1.33.2. Alternate GFR. A rated U.S. Military officer, or Government civilian in an aviation position, to whom the Approving Authority has delegated responsibility to perform GFR duties in the absence of the primary GFR (as defined in Paragraph 1.33.1 above).

1.33.3. Ground GFR (GGFR). 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, GFR/GGFR Appointment Letter Sample Format, for sample appointment letter). GGFRs (as defined by this paragraph) are not authorized to act as a GFR (Aircraft Flight and Ground Operations (Paragraph 1.33.1)) or an alternate GFR (Paragraph 1.33.2), approve contractor crewmembers, flights, flight related portions of the Procedures, or any function/procedure described in this Instruction's Chapter 4 (Flight Operations). The Approving Authority may appoint an alternate GGFR.

1.33.4. Government Ground Representative (GGR). A U.S. Military aircraft maintenance officer or NCO (E-7 or above), or Government civilian equivalent, with http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/dfars/dfars252_227.htm#P2629_215479 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/dfars/dfars252_227.htm#P2629_215479 responsibility for surveillance of contractor aircraft ground operations as part of an Aviation Program Team (APT). GGRs differ from GGFRs in that GGRs have no authority to approve GOPs. GGRs shall know the status of all contractor facilities, equipment, group personnel training and certification, technical data, and Procedures involving aircraft ground operations.

1.34. 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.

1.35. Ground Operations. Aircraft operations without intent for flight. Specific operations include, but are not limited to, aircraft overhaul/modification/maintenance/repair (OMMR), towing, subsystem warm-up/checkout, taxiing (other than hover taxiing and high speed taxi operations), engine run operations, 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).

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

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

1.38. Intent for Flight. For operations under contract use the specific Service definition.

1.39. Leased Aircraft. 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 Instruction 7230.08, 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.

1.40. Maintenance Test Flight (Army).

1.40.1. Any flight performed to accept or check accomplishment of maintenance or modification.

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

1.41. May. Denotes the permissive. However, the term “no person may...” means that no person is required, authorized, or permitted to do the act described.

1.42. Mixed Crews. Flight crews composed of a mix of Government and contractor personnel, or multiple contractors.

1.43. Non-crewmember. Personnel, other than crewmembers or passengers, 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.

http://www.dtic.mil/whs/directives/corres/pdf/723008p.pdf http://www.dtic.mil/whs/directives/corres/pdf/723008p.pdf

1.44. Orientation Flight. 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.

1.45. 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.

1.46. Procedures. 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.

1.47. Program Manager (PM). The Program Manager is designated, under DoD 5000.1, The Defense Acquisition System, as the individual in the Services who is responsible for the management of a system acquisition program. He/she depends on a warranted Procuring Contracting Office (PCO) to assist him/her in the critical steps of fulfilling program objectives.

1.48. Program Office (also System Program Office (SPO), Program Management Office (PMO), Program Management Aircraft (PMA)) . The office which provides life cycle management of aircraft programs.

1.49. Qualified. Meets the necessary training and proficiency (complete task without direct supervision) requirements for a task.

1.50. Service Guidance. Includes the procuring Service’s regulations, instructions, flight manuals, and technical publications, as specified in the contract in effect on the date of contract award (unless the contract is modified with respect to specific Service Guidance changes), which are applicable to the specific flight and/or ground operations conducted by the contractor. This is not to be interpreted as requiring the day to day administrative functions that govern operations in Government organizations. As stated, contractors are only bound by the portion of Service Guidance that is applicable to the aircraft operations being performed under contract. Service Guidance does not automatically include the Service instructions/regulations that are referenced in the Service Guidance. If a Service Guidance instruction/regulation addresses a specific topic by referencing a second tier Service instruction/regulation, that referenced section in the second tier document shall be considered required Service Guidance for that topic. Service Guidance (that which is in effect on the date of contract award (unless modified)) includes the following:

1.50.1. For USAF aircraft contracts: (Manned/UAS) AFI 11-202, Vol 1-3 and applicable AFMC supplements; AFI 11-2FT, Vol 1-3; AFI 11-401, AFI 11-301, AFI 16-1301, and applicable AFMC supplements. (SUAS) AFI-11-502 Vol 1-3 and applicable AFMC supplements; AFI 11-5FT Vol 1-3. (Contractor personnel integrated http://www.dtic.mil/whs/directives/corres/pdf/500001p.pdf http://www.dtic.mil/whs/directives/corres/pdf/500001p.pdf with Air Force maintenance personnel on Air Force installations only) AFI 21-101 and AFMC Supplement.

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

1.50.3. For USA aircraft contracts: AR 70-62, AR 95 (series), AR 40-501, AR 385 series, and applicable technical manuals.

1.50.4. For USCG aircraft contracts: Coast Guard Air Operations Manual, COMDTINST M3710.1 (series), and Aeronautical Engineering Maintenance Management Manual, COMDTINST M13020.1 (series).

1.51. Shall. Denotes the imperative.

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

1.53. 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,

1.53.1. The engines are stopped or,

1.53.2. Aircraft has been on the surface for 5 minutes, whichever comes first between

1.53.1 and 1.53.2 or,

1.53.3. Change is made in the pilot in command (for manned aircraft).

1.54. Support Flights. These include but are not limited to:

1.54.1. Photographic,

1.54.2. Chase,

1.54.3. Rescue and recovery,

1.54.4. Target or target towing,

1.54.5. Aircraft delivery,

1.54.6. Orientation,

1.54.7. Demonstration flights,

1.54.8. Severe weather evacuation flights,

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

1.54.10. Aircrew evaluation, training, and currency and,

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

1.55. Technical Data. Documents/instructions/procedures which can be in the form of Service Guidance, or Service approved OEM procedures, contractor engineering instructions, or equivalent.

1.56. Test Aircraft. Any aircraft used for research, development or test and evaluation purposes.

1.57. Trained. Instructed in the necessary knowledge and skills to perform assigned duties and responsibilities.

1.58. Tools. Items used in the performance of a maintenance, manufacturing, or assembly/disassembly task, or operation are considered tools. Miscellaneous parts, hardware, and personal items are not considered tools.

1.59. Unmanned Aircraft (UA). Includes any aircraft that is operated without an operator onboard (piloted remotely or autonomously). UAs have been known as Unmanned Aerial Vehicles (UAV), Remotely Operated Aircraft (ROA), Remotely Piloted Aircraft (RPA), Remotely Piloted Vehicles (RPV), Unmanned Aircraft Systems (UAS) and Small Unmanned Aircraft Systems (SUAS).

1.60. Unmanned Aircraft Observer. Individual required to perform the see-and-avoid function for UA operations through direct visual contact.

1.61. Unmanned Aircraft System (UAS/SUAS). Includes the aircraft (UA), communications, control systems, and ground support elements. UAS/SUAS aircraft are classified by Groups as defined below

1.61.1. UA Group 1. Typically weigh less than 20 pounds. Normally operate VFR in Class E, G, Special Use Airspace, or Uncontrolled Airspace. Normal operations are below 1200 feet AGL and at speeds less than 250 kts.

1.61.2. UA Group 2. Typically weigh 21-55 pounds. Normally operate VFR in Class D, E, G, or Special Use Airspace. Normal operations are below 3500 feet AGL and at speeds less than 250 kts.

1.61.3. UA Group 3. Typically weigh more than 55 pounds but less than 1320 pounds. Normally operate VFR in Class D, E, G, or Special Use Airspace. Normal operations are below 18,000 feet MSL and at speeds less than 250 kts.

1.61.4. UA Group 4. Typically weigh more 1320 pounds. Normally operate VFR in all airspace below 18,000 feet MSL and at any airspeed.

1.61.5. UA Group 5. Typically weigh more 1320 pounds. May operate VFR or IFR in all airspace above or below 18,000 feet MSL and at any airspeed.

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. The contractor shall comply with the contract and this Instruction until the waiver is granted. 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.

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.

Contractor shall submit a risk management analysis and risk mitigation plan to reduce the risk to aircraft operations affected by the waiver. Waiver requests must be in written or electronic format. (USAF: To expedite the waiver process, contractors should document/submit waiver requests on an AFMC Form 73.)

2.1.3. Routing. Send all requests for waivers to this Instruction to the GFR. The GFR shall 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. (USAF: If the AFMC Form 73 is used, the GFR will be listed as the Action Officer in Section 1. The GFR shall indicate their concurrence or non-concurrence (with or without comment) with the contractor waiver request.)

2.2. Service Guidance Waivers.

2.2.1. Waivers to Service Guidance are generated by the contractor.

2.2.2. 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. Use this process when requesting relief from requirements of Service Guidance, flight manuals and technical publications.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/dfars/dfars228.htm#P117_5173 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/dfars/dfars228.htm#P117_5173

2.2.3. Content. Waiver requests should detail justifications for the waiver.

Contractor shall submit a risk management analysis and risk mitigation plan to reduce the risk to aircraft operations affected by the waiver. Waiver requests must be in written or electronic format. (USAF: To expedite the waiver process, contractors should document/submit waiver requests on an AFMC Form 73.)

2.2.4. 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. (USAF: If the AFMC Form 73 is used, the GFR will be listed as the Action Officer in Section 1. The GFR shall indicate their concurrence or non-concurrence (with or without comment) with the contractor waiver request.)

2.3. Contract Waivers or Contract Changes. Requests to modify contract requirements are accomplished through the use of a DD Form 1716, Contract Data Package Recommendation/Deficiency Report. 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. Waivers with Time Limits. Contractors should ensure that waivers that are within 90 days of expiring are resubmitted if the original requirement for the waiver still exists.

This will ensure no disruptions in contractor operations occur due to the waiver expiring.

When a waiver expires, contractors are bound by the original contract, Service Guidance, and this Instruction.

2.6. Waiver Authorities for this Instruction, and routing for Service Guidance:

2.6.1. Army - U. S. Army Materiel Command, ATTN: AMCOP-CA, 4400 Martin Rd., Redstone Arsenal, AL 35898-5000

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

2.6.3. Navy - Commander, Naval Air System Command. Forward requests to:

Commander, Naval Air System Command, AIR-09F, 22541 Millstone Rd. Unit 10, Patuxent River, MD 20670-1606.

2.6.4. Coast Guard - Commanding Officer, USCG ALC, 1664 Weeksville Road Building 63, Elizabeth City, NC 27909-6725.

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

http://www.dtic.mil/whs/directives/infomgt/forms/eforms/dd1716.pdf http://www.dtic.mil/whs/directives/infomgt/forms/eforms/dd1716.pdf

Chapter 3

PROCEDURES

3. Contractor's Written Procedures. Contractors shall develop specific written Procedures for all flight and ground operations. The requirement to develop and follow Procedures is a contractual requirement and applies independently of the Government’s assumption of risk via the GFRC. Requirements related to Procedures only end for individual aircraft when the aircraft are no longer under contract. Contractors shall not begin flight or ground operations until the Procedures have been approved in writing by the GFR. Aircraft operations conducted without approved Procedures may be considered to place the aircraft under unreasonable conditions and may be grounds for withdrawal of the Government’s assumption of risk via the GFRC. The GFRC describes the process for removing the Government’s assumption of risk. (NOTE: Procedures need not be developed for operations that occur prior to an aircraft being “in the open” except for FOD and Tool Control processes (see Paragraph 5.3) and those processes that may potentially affect the risk of loss to future contract aircraft even before the airframe is “in the open,” as risks are introduced to the airframe.)

3.1. General Guidance/Requirements. Should a conflict occur in the contract between sources of guidance, the following hierarchy shall be used in descending order: this Instruction, Service Guidance, and the Procedures. When several of these sources provide guidance that do not conflict but are different, the most restrictive of the sources shall be followed. Contractors must also comply with the contract itself. Contracting officers cannot waive any of the requirements of this Instruction or Service Guidance through contract text except as specified in the DFARS or Service guidance requiring higher level authority. When contractual text is discovered that substantially alters the requirements of this Instruction or Service Guidance, elevate concerns to the Waiver Authorities for this Instruction. Procedures shall include all items from Attachment 10, item by item, as applicable to the contract. Contractors need not include in their Procedures the definitions from this Instruction except as a reference. If any definitions are included, they shall not be changed from the language of this Instruction.

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) and Ground Operations Procedures…