Public Comments 2006-D016 L. Tyma

246.504 Certificate of Confromance There have been a number of instances where DOD buying office personnel misin- terpret the term "certificate of conformance" as meaning a manufacturer's certificate that its products conform to quality requirements (commonly referred to as a certificate of conformance). This misinterpretation has led buying office quality representatives to take a position that products presented for inspection at source, or "origin," are not acceptable, if presented with a corresponding manufacturer's certificate of conformance (to its quality requirements). It is this reader's professional understanding that the intent of the DFARS term is to refer to approval given under FAR clause 52.246-15 CERTIFICATE OF CONFORMANCE. This FAR clause enables a DOD Quality Assurance Specialist, under the guidance of this clause, to allow a contractor the privelege of shipping items without inspection. It is my understanding that this certificate of conformance is what writers of this interim rule are referring to, and not a manufacturer's certificate of conformance to all quality requirements. Therefore, I respectfully request that language be added to this interim rule, to clarify the meaning, by inserting as follows: "Before authorizing a certificate of conformance, [insert: "in accordance with FAR clause 52.246-15 CERTIFICATE OF CONFORMANCE"] for aviation or ship critical safety items, obtain the concurrence of the head of the design control activity (see 209.270)."