INTERIM POLICY NOTICE

98-3

15 Jan 98

EFFECTIVE DATE/IMPLEMENTATION: 15 Jan 98

1. This notice implements two AFMCFARS changes.

2. AFMCFARS clause 5352.235-9002, Definition of Unusually Hazardous Risks, is changed following AFMC FAR Council approval of case 97-024. The definition is updated after a review and update of the previous definition by SAF/GC. Refer questions to Mr. Roger Porter, HQ AFMC/PKA, DSN 787-7421.

2. AFMCFARS 5347.305-10, Packaging, marking and consignment instructions, was amended by AFMC FAR Council case 97-023 to correct prescription statements which were not clear as to when to include specific packaging and marking clauses in solicitations, errors in an address, and other clarifications. Refer questions to Mr. John Berg, DSN 787-6056.

3. This IPN is effective until the policy is superseded by a future AFMCAC.

Attachment:

1. Revised AFMCFARS 5352.235-9002

2. Revised AFMCFARS 5347.305-10

Attachment 1

AFMCFARS 5352.235-9002 DEFINITION OF UNUSUALLY HAZARDOUS RISKS

5352.235-9002 Definition of Unusually Hazardous Risks.

As prescribed in 5335.070-3(90), include the following clause, substantially as written, in Section I:

DEFINITION OF UNUSUALLY HAZARDOUS RISKS (AFMC) (JAN 1998)

For the purpose of the clauses DFARS 252.235-7000, Indemnification Under 10 U.S.C. 2354--Fixed-Price (Dec 1991), and DFARS 252.235-7001, Indemnification Under 10 U.S.C. 2354--Cost Reimbursement (Dec 1991), it is agreed that all risks arising out of or resulting from:resulting from or in connection with the following are "unusually hazardous risks" whether or not the Contractor’s liability arises from the design, fabrication, or furnishing of other products or services under this contract:

(a) The burning, explosion, or detonation of propellants (liquid, solid, or gaseous), their constituent components, or their degradation products during preparation, mixing, storage, or loading;material or casting powder.

(b) The burning, or explosion, or detonation of liquid fueled rocket engines or solid fueled rocket motors during preparation, casting, storing, testing, transporting, launch preparation, or launch;during the preparation of material or casting powder.

(c) The burning, explosion, or detonation of launch vehicles or their components during testing, transporting, preparation, or launch;

(c d) The toxic, explosive or other unusually hazardous properties of propellants (liquid, solid, or gaseous) or inert gases, their constituent ingredients, or their degradation products;chemicals or energy sources used for, or in conjunction with, the performance of this contract.

(d) The burning, explosion, or detonation of missiles or components.

(e) The flight or surface impact of launch vehicles or components or fragments thereof;fabrication, assembly, testing, launching, flight or landfall of missiles, rocket engines, or components or parts. are "unusually hazardous risks" to the extent such risks arise out of performance of this contract.

(End of clause)

Attachment 2

AFMCFARS 5347.305-10, Packaging, marking, and consignment instructions

5347.305-10 Packaging, marking, and consignment instructions.

(a)(90) Use AFMC Form 158, Packaging Requirements, or similar document for all acquisitions requiring delivery of hardware items.

(91) Insert the clause at 5352.247-9005, Shipping Container Bar Code Marking, substantially as written, in Section D when the Government requires [bar coding over and above the requirements of MIL-STD-129. (See 5352.247-9007 and 9009). The additional bar coding requirements will be identified on the AFMC Form 158.] the ability to track and inventory supplies or equipment using a bar coding system.

(92) Insert the clause at 5352.247-9006, Marking of Warranted Items, substantially as written, in Section D when the items to be delivered are covered by a warranty.

(93) Insert the clause at 5352.247-9007, Specification Commercial Packaging and Marking, in Section D when the Government requires the use of commercial packaging and marking to the American Society for Testing Materials Specification D3951. [This is the preferred commercial packaging and marking requirement.]

(94) Insert the clause at 5352.247-9008, Contractor Commercial Packaging and Marking, in Section D when [other packaging and marking requirements are not appropriate or acceptable to the offeror. In addition to this clause, if bar coding is required, use 5352.247-9005 to identify appropriate requirements.] the contractor’s best commercial practice is acceptable.

(95) Insert the clause at 5352.247-9009, Military Packaging and Marking, in Section D when military specification packaging and marking are required.

(96) When the contractor is to develop (design and/or manufacture) a new engineered or specialized container, the requirement must be identified as a separate line item in the purchase request, the solicitation, and the contract. The proposal shall include the proposed container cost broken into design and manufacturing elements. Approval for purchase of new containers shall be determined by ASC/[WMGC]VXYC, 102[ West] D Avenue, Suite 168, Eglin AFB FL 32542-6807 for munitions containers and AFMC LSO/LOP, 5215 Thurlow Street, Wright-Patterson AFB OH 45433-5540 for nonmunitions containers. The approval shall be provided to the contracting officer for notification to the contractor. Insert the clause at 5352.247-9010, Engineered or Specialized Containers, substantially as written, in Section D. Data items, DI-PACK-80683A, Container Design and Retrieval System (CDRS) Search Request, and DI-PACK-80684A, Container Design and Retrieval System (CDRS) Data Input, must be identified on the DD Form 1423, Contract Data Requirements List.

(97) Insert the clause at 5352.247-9011, Packaging and Marking of Hazardous Material, substantially as written, in Section D when an acquisition is for the delivery of commercial or military items involving hazardous material.

(98) Insert the clause at 5352.247-9012, Packaging for Inspection and Acceptance at Destination, in Section D when [packaged] material requires 100 percent inspection at destination[.] and packaging must be resealable.

(99) Insert the clause at 5352.247-9013, Packaging Data, in Section D when the Government will purchase the rights to the packaging design and data.