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Panoptic Enterprises' FEDERAL CONTRACTS DISPATCH

DATE: September 17, 2004

SUBJECT: Defense Federal Acquisition Regulation Supplement (DFARS); Quality Control of Aviation Critical Safety Items and Related Services

SOURCE: Federal Register, September 17, 2004, Vol. 69, No. 180, page 55987

AGENCIES: Department of Defense (DOD)

ACTION: Interim Rule

SYNOPSIS: DOD is adding DFARS 209.270, Aviation Critical Safety Items, to implement Section 802 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136), which requires DOD to establish a quality control policy for the procurement of aviation critical safety items and the modification, repair, and overhaul of those items.

For more on other acquisition-related provisions of Public Law 108-136, see the November 25, 2003, FEDERAL CONTRACTS DISPATCH "Enactment of the National Defense Authorization Act for Fiscal Year 2004."

DATES: The interim rule is effective September 17, 2004. Comments on the interim rule must be submitted on or before November 16, 2004.

ADDRESSES: Respondents may submit comments directly on the web site at either http://www.regulations.gov OR http://emissary.acq.osd.mil/dar/dfars.nsf/pubcomm. As an alternative, respondents may e-mail comments to: dfars@acq.osd.mil. Also, respondents who cannot submit comments through the web site or by e-mail may submit comments to Defense Acquisition Regulations Council, Attn: Teresa Brooks, OUSD(AT&L)DP(DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301-3062; fax to either 703-602-7887 OR 703-602-0350; or hand-deliver/courier to: Defense Acquisition Regulations Council, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 22202-3402. Cite "DFARS Case 2003-D101" when making comments on this interim rule.

FOR FURTHER INFORMATION CONTACT: Teresa Brooks, 703-602-0326.

SUPPLEMENTAL INFORMATION: This interim rule adds DFARS 209.270 to implement Section 802 of Public Law 108-136 to prescribe a quality control policy for the procurement of aviation critical safety items and the modification, repair, and overhaul of those items.

DFARS 209.270 consists of four subsections:

Also, the interim rule adds paragraph (S-70) to DFARS 246.407, Nonconforming Supplies or Services, which states that the head of the design control activity is the approval authority for acceptance of any nonconforming aviation critical safety items or nonconforming modification, repair, or overhaul of such items.

Finally, the interim rule adds DFARS Subpart 246.5, Acceptance, consisting of DFARS 246.504, Certificate of Conformance, which requires concurrence of the head of the design control activity before authorizing acceptance of aviation critical safety items on the basis of the contractor's certificate of conformance than rather than basing acceptance on government inspection at source.

FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.

Copyright 2004 by Panoptic Enterprises. All Rights Reserved.

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