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
("Word" version for printing)

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), 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

 

 

 

 






 




 




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

PURPOSE.. 1

APPLICABILITY AND SCOPE.. 1

CHANGES.. 1

GFR RESPONSIBILITIES.. 2

CONTRACTOR RESPONSIBILITIES.. 2

INFORMATION REQUIREMENTS.. 2

Chapter 1. 9

1.         Definitions. 9

1.1.         Aircraft 9

1.2.         Aircraft Acceptance. 9

1.3.         Aircraft Identification Conventions. 9

1.4.         Aircraft Operations. 9

1.5.         Approving Authority. 9

1.6.         Army Nonstandard Aircraft 10

1.7.         Aviation Safety Official (ASO) 10

1.8.         Bailed Aircraft 10

1.9.         Certificate. 10

1.10.       Check Flights. 10

1.11.       Crewmember 10

1.12.       Component 10

1.13.       Contract Administration Services (CAS) 11

1.14.       Contract Administration Services Component (CASC) 11

1.15.       Contract Management Office (CMO) 11

1.16.       Contracting Officer 11

1.17.       Contractor 11

1.18.       Engineering Test Flights. 11

1.19.       Experimental Test Flights. 11

1.20.       FAR and DoD FAR Supplement (DFARS) References. 12

1.21.       Flight Crews. 12

1.22.       Flight Operations (FO) 12

1.23.       FOD. 12

1.24.       Government Flight Representative (GFR) 12

1.25.       Government-Furnished Equipment (GFE)/Property (GFP) 13

1.26.       Ground Operations. 13

1.27.       Ground Personnel 13

1.28.       Hardware Control 13

1.29.       Intent for Flight 13

1.30.       Leased Aircraft 13

1.31.       Maintenance Test Flight 13

1.32.       May. 14

1.33.       Mixed Crews. 14

1.34.       Non-crewmember 14

1.35.       Orientation Flight 14

1.36.       Privileged Safety Information. 14

1.37.       Procedures. 14

1.38.       Program Office. 14

1.39.       Requesting Official 14

1.40.       Service Guidance. 14

1.41.       Shall 15

1.42.       Should. 15

1.43.       Sortie. 15

1.44.       Support Flights. 15

1.45.       Product or Mission Support Flights. 15

1.46.       Test Aircraft 15

1.47.       Tool Control 16

1.48.       Unmanned Aerial Vehicle (UAV.. 16

Chapter 2. 17

2.         Waivers. 17

2.1.         Waivers to this Instruction. 17

2.2.         Service Guidance Waivers. 17

2.3.         Contract Waivers or Contract Changes. 18

2.4.         Approved Waivers. 18

2.5.         Waiver Authorities for this Instruction and Service Guidance. 18

Chapter 3. 19

3.         Contractor's written Procedures. 19

3.1.         General Guidance. 19

3.2.         Responsibilities. 19

3.3.         Preparation. 19

3.4.         Use of Service Guidance. 19

3.5.         Subcontractors. 20

3.6.         Format 20

3.7.         Approval 20

3.8.         Changes. 20

3.9.         Changes to this Instruction. 20

3.10.       Core Procedures. 20

3.11.       Review requirements. 21

3.12.       Deficiencies. 21

3.13.       Noncompliance. 21

3.14.       Questions of Interpretation. 21

3.15.       Access to Contractor’s Facilities. 21

Chapter 4. 23

4.         Flight Operations. 23

4.1.         Flight Management 23

4.2.         Crewmember 25

4.3.         Crewmember Qualification Requirements. 26

4.4.         General Procedures. 30

4.5.         Crewmember 32

4.6.         Crewmember Ground Training Requirements. 34

4.7.         Crewmember Evaluations. 36

4.8.         Forms and Records. 36

Chapter 5. 39

5.         Ground Operations. 39

5.1.         Ground Operations Procedures (GOPs) 39

5.2.         Medical (Physical) Requirements for Ground Personnel 42

5.3.         Training Requirements for Ground Personnel 42

5.4.         Ground Operations Certification Requirements. 43

5.5.         Records. 43

Chapter 6. 45

6.         Aviation Safety Program Elements. 45

6.1.         Mishap Prevention Program.. 45

6.2.         Aircraft Rescue and Fire Fighting. 48

Chapter 7. 51

7.         GFR Procedures. 51

7.1.         GFR Designation. 51

7.2.         GFR Selection and Assignment 51

7.3.         Contractor Field Team (CFT) 52

7.4.         GFR General Responsibilities. 52

7.5.         Subcontractor 55

7.6.         CAS Safety Responsibilities. 55

7.7.         Contractor Flight And Ground Operations Surveys. 56

7.8.         Other GFR Responsibilities. 59

Attachment 1Glossary of Acronyms. 60

Attachment 2 – Request for Flight Approval 65

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

Attachment 4 – Contractor Crewmember Record. 67

Attachment 5 – Request For Approval Of Contractor Crewmember 70

Attachment 6 – GFR Delegation of Authority Letter Sample Format 71

Attachment 7 – Sample Supporting Contract Administration Delegation Format 72

Attachment 8 – Sample Survey Report Format 73

Attachment 9 – Example Facility Data Sheet 75

Attachment 10 – Procedures Outline. 76

Attachment 11Index. 80

 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Blank Page

 


Chapter 1

DEFINITIONS

1.        Definitions as they apply to this Instruction.

1.1.         Aircraft.  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), helicopters, vertical take-off aircraft, lighter-than-air airships and other non-conventional aircraft.

1.2.         Aircraft Acceptance.

1.2.1.              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.  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).  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., reconnaissance (RF-4C); 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-18; 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.  Includes all aircraft flight and ground operations.

1.5.         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).  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.  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 (ACFs) and Functional Check Flights (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.  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.

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.  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:

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).  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).  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) . 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. 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. 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.  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.  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.  For operations under contract use the specific Service definition.

1.30.    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 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 (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.  Flight crews composed of a mix of Government and contractor personnel, or multiple contractors.

1.34.    Non-crewmember.  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.  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.  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.  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.  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.  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.  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. 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. Any aircraft used for research, development or test and evaluation purposes.

1.47.    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).  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).  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.

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.

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.  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:

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