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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
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