SUBPART
209.2--QUALIFICATIONS REQUIREMENTS
(Revised January 10, 2008)
209.202 Policy.
209.270 Aviation and ship critical safety items.
209.270-1 Scope.
209.270-2 Definitions.
209.270-3 Policy.
209.270-4 Procedures.
209.202 Policy.
(a)(1)
Except for aviation or ship critical safety items, obtain approval in
accordance with PGI 209.202(a)(1) (Pop-up Window or PGI Viewer Mode) when establishing qualification
requirements. See 209.270 for approval
of qualification requirements for aviation or ship critical safety items.
209.270
Aviation and ship critical safety items.
209.270-1 Scope.
This section—
(a)
Implements—
(1) Section 802 of the National Defense
Authorization Act for Fiscal Year 2004 (Pub. L. 108-136); and
(2) Section 130 of the National Defense
Authorization Act for Fiscal Year 2007 (Pub. L. 109-364); and
(b)
Prescribes policy and procedures for qualification requirements in the
procurement of aviation and ship critical safety items and the modification,
repair, and overhaul of those items.
209.270-2 Definitions.
As used in this section—
“Aviation critical safety item” means a part, an assembly, installation
equipment, launch equipment, recovery equipment, or support equipment for an
aircraft or aviation weapon system if the part, assembly, or equipment contains
a characteristic any failure, malfunction, or absence of which could cause—
(1) A catastrophic or critical failure resulting
in the loss of or serious damage to the aircraft or weapon system;
(2) An unacceptable risk of personal injury or
loss of life; or
(3) An uncommanded engine shutdown that
jeopardizes safety.
“Design control activity”—
(1) With respect to an aviation critical safety
item, means the systems command of a military department that is specifically
responsible for ensuring the air worthiness of an aviation system or equipment
in which an aviation critical safety item is to be used; and
(2) With respect to a ship critical safety item,
means the systems command of a military department that is specifically
responsible for ensuring the seaworthiness of a ship or ship equipment in which
a ship critical safety item is to be used.
“Ship critical safety item” means any ship part, assembly, or
support equipment containing a characteristic the failure, malfunction, or
absence of which could cause—
(1) A catastrophic or critical failure resulting
in loss of or serious damage to the ship; or
(2) An unacceptable risk of personal injury or
loss of life.
209.270-3 Policy.
(a)
The head of the contracting activity responsible for procuring an
aviation or ship critical safety item may enter into a contract for the
procurement, modification, repair, or overhaul of such an item only with a
source approved by the head of the design control activity.
(b)
The approval authorities specified in this section apply instead of
those otherwise specified in FAR 9.202(a)(1), 9.202(c), or 9.206-1(c), for the
procurement, modification, repair, and overhaul of aviation or ship critical
safety items.
209.270-4 Procedures.
(a) The head of the design control activity
shall—
(1) Identify items that meet the criteria for
designation as aviation or ship critical safety items. See additional information at PGI 209.270-4 (Pop-up Window or PGI Viewer Mode);
(2) Approve qualification requirements in
accordance with procedures established by the design control activity; and
(3) Qualify and identify aviation and ship critical
safety item suppliers and products.
(b) The contracting officer shall—
(1) Ensure that the head of the design control
activity has determined that a prospective contractor or its product meets or
can meet the established qualification standards before the date specified for
award of the contract;
(2) Refer any offers received from an unapproved
source to the head of the design control activity for approval. The head of the design control activity will
determine whether the offeror or its product meets or can meet the established
qualification standards before the date specified for award of the contract;
and
(3) Refer any requests for qualification to the
design control activity.
(c) See 246.407(S-70) and 246.504 for quality
assurance requirements.