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DOD/DARC

RIN: 0750-AG92

Publication ID: Spring 2011

Title: ●Identification of Critical Safety Items
Abstract: This rule amends the Defense Federal Acquisition Regulation Supplement (DFARS) to add a new contract clause that clearly identifies any items being purchased that are critical safety items so that the proper risk-based surveillance can be performed. When DoD requiring activities initiate procurements involving critical safety items, the buying activities will include a clause in the solicitation and resulting contract that identifies specific items in the procurement that are critical safety items. The National Defense Authorization Act for Fiscal Year 2004 (Pub. L. 108-136), section 802, entitled "Quality Control in Procurement of Aviation Critical Safety Items and Related Services," defined "aviation critical safety item" to mean a part, assembly, installation equipment, launch equipment, recovery equipment, or support equipment for an aircraft or aviation weapon system which, if it failed, could cause catastrophic damage, unacceptable risk of personal injury, or loss of life. Implementing regulations established processes for designated design control activities to identify aviation critical safety items. When design control activities identify such items to the contracting activity, they will contract only with sources approved by the design control activity for the procurement, modification, repair, or overhaul of critical safety items. Using the clause in this proposed rule will enable contract administration activities to identify and apply additional risk-based surveillance to comply with joint agency instructions such as Management of Aviation Critical Safety Items (dated January 25, 2006). The rule does not impose new requirements on small entities. Its purpose is to alert Government quality-assurance activities to existing heightened surveillance requirements that are imposed by DoD requiring activities. The process for identifying an item as a critical safety item occurs entirely outside the procurement process, as does the process of approving a source for production of a critical safety item. Therefore, any economic impact is expected to be minimal.
Agency: Department of Defense(DOD)	Priority: Other Significant
RIN Status: First time published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 48 CFR 209 48 CFR 252
Legal Authority: 410 USC 421 PL 109-136

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	03/17/2011	76 FR 14641
NPRM Comment Period End	05/16/2011
Final Action	08/00/2011

Regulatory Flexibility Analysis Required: No	Government Levels Affected: Federal
Federalism: No
Included in the Regulatory Plan: No
RIN Data Printed in the FR: No
Agency Contact: Ynette R. Shelkin Editor, Defense Acquisition Regulations System Department of Defense Defense Acquisition Regulations Council OUSD/AT&L DPAP/DARS, 3060 Defense Pentagon, Room 3B855, Washington, DC 20301-3060 Phone:571 372-6089 Email: ynette.shelkin@osd.mil