R 061854Z OCT 09
UNCLASSIFIED//
MARADMIN 0597/09
MSGID/GENADMIN/COMMARCORSYSCOM QUANTICO VA//
SUBJ/MCBUL 8023.3.  ADVANCE ANNOUNCEMENT OF A FORTHCOMING REVISION PERSONNEL QUALIFICATION AND CERTIFICATION PROGRAM FOR CLASS V AMMUNITION AND EXPLOSIVES//
REF/A/MSGID:DOC/SD/6MAR02//
AMPN/REF A IS MCO 8023.3A, PERSONNEL QUALIFICATION AND CERTIFICATION PROGRAM FOR CLASS V AMMUNITION AND EXPLOSIVES//
POC/MICHAEL JAMES/YA-2/UNIT:MARCORSYSCOM/NAME:PMM2043/-/TEL: DSN 378-8780/TEL:COM 703-432-8780/ EMAIL:MICHAEL.A.JAMES2@USMC.MIL/TEL: MICHAEL SEXTON/TEL:LTCOL/TEL:HQMC/TEL:AVN ASL-30/TEL: COM 703-693-9803/ EMAIL: MICHAEL.G.SEXTON@USMC.MIL//
GENTEXT/REMARKS/1.  PURPOSE.  TO PROVIDE AN ADVANCE ANNOUNCEMENT OF CHANGES TO REF (A).
2.  BACKGROUND.  REF (A) DETAILS THE PROPER PROCEDURES TO ESTABLISH A QUALIFICATION AND CERTIFICATION (QUAL/CERT) PROGRAM.  THE INFORMATION PERTAINING TO DEFENSE CONTRACTOR REQUIREMENTS FOR ESTABLISHING A QUAL/CERT PROGRAM IAW REF (A) REQUIRE EXPEDITIOUS CLARIFICATION.
    A.  KEY DIFFERENCES BETWEEN DEFENSE CONTRACTED PERSONNEL AND MILITARY/DEPARTMENT OF DEFENSE (DOD) CIVILIAN SUPPORT ARE THAT MANAGEMENT AND CONTROL OF CONTRACTOR PERSONNEL ARE SIGNIFICANTLY DIFFERENT THAN THAT OF MANAGEMENT AND CONTROL OF MILITARY MEMBERS AND DOD CIVILIANS.  UNLIKE MILITARY MEMBERS AND DOD CIVILIANS, DEFENSE CONTRACTOR PERSONNEL ARE NOT PART OF THE DIRECT CHAIN-OF-COMMAND.  THEY ARE MANAGED AND CONTROLLED THROUGH DEFENSE CONTRACTOR MANAGEMENT AND U.S. GOVERNMENTAL OVERSIGHT IAW THE TERMS AND CONDITIONS OF THEIR CONTRACT.
    B.  A DEFENSE CONTRACTOR IS DEFINED AS "ANY INDIVIDUAL, FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION, OR OTHER LEGAL NON-FEDERAL ENTITY THAT ENTERS INTO A CONTRACT DIRECTLY WITH THE DEPARTMENT OF DEFENSE TO FURNISH SERVICES, SUPPLIES, OR CONSTRUCTION."
3.  ACTION.  IN THE INTERIM, THE FOLLOWING GUIDANCE IS PROVIDED FOR U.S.GOVERNMENT EMPLOYEES ADMINISTERING DOD CONTRACTS INVOLVING AMMUNITION AND EXPLOSIVES AND THE REQUIREMENTS FOR DEFENSE CONTRACTORS TO ESTABLISH A QUAL/CERT PROGRAM.
4.  DEFENSE CONTRACTOR PERSONNEL QUAL/CERT.  DEFENSE CONTRACTORS PROVIDE A WIDE RANGE OF AMMUNITION AND EXPLOSIVES (A AND E) SERVICES FOR THE MARINE CORPS.  THE FOLLOWING SUBPARAGRAPHS IDENTIFY WHEN DEFENSE CONTRACTED SUPPORT IS REQUIRED TO ESTABLISH A QUAL/CERT PROGRAM AND WHAT TYPE OF DEFENSE CONTRACTED SUPPORT OPERATIONS ARE EXEMPT FROM THE REQUIREMENT TO ESTABLISH A QUAL/CERT PROGRAM.  IF THERE ARE CONCERNS OR QUESTIONS AS TO THE REQUIREMENT FOR A DEFENSE CONTRACTOR TO ESTABLISH A QUAL/CERT PROGRAM, CONTACT MARINE CORPS SYSTEMS COMMAND (MARCORSYSCOM) PROGRAM MANAGER FOR AMMUNITION (PM AMMO) (CODE 204) AND/OR HEADQUARTERS MARINE CORPS (HQMC) AVIATION SUPPLY LOGISTICS (ASL-30) FOR CLARIFICATION.
    A.  THIS CHAPTER APPLIES TO;
        (1) ALL DEFENSE CONTRACT PERSONNEL INVOLVED IN THE HANDLING, STORAGE, RENOVATION, ASSEMBLY, SAFING AND UNSAFING OF A and E MUST BE ENROLLED IN A QUAL/CERT PROGRAM.
        (2) DEFENSE CONTRACTORS CONDUCTING STORAGE OF A AND E IN SUPPORT OF AN EXPLOSIVES SAFETY SUBMISSION WILL BE INCLUDED IN THE CONTRACTED ENTITIES QUAL/CERT PROGRAM.
    B.  THIS CHAPTER DOES NOT APPLY TO;
        (1) DEFENSE CONTRACTORS WHO ARE PERFORMING INDIRECT A AND E OPERATIONS (I.E., AIR SHOWS, RANGE FIRING AND RANGE DEMONSTRATIONS).
        (2) DEFENSE CONTRACTORS AND/OR OTHER U.S. GOVERNMENT AGENCY EMPLOYEES PERFORMING A AND E OPERATIONS FOR OTHER U.S. GOVERNMENT AGENCIES HAVING EQUIVALENT EXPLOSIVES CERTIFICATION PROGRAMS.
        (3) DEFENSE CONTRACTORS CONDUCTING MUNITIONS AND EXPLOSIVES OF CONCERN (MEC) OPERATIONS IN SUPPORT OF AN ESS.  SEE PARAGRAPH 4.A(2) ABOVE FOR QUAL/CERT REQUIREMENTS DURING EXPLOSIVES SAFETY
SUBMISSIONS.
5.  UNAUTHORIZED DEFENSE CONTRACT SUPPORT.  NO CONTRACT SHALL BE APPROVED PERMITTING DEFENSE CONTRACTOR PERSONNEL TO LOAD/DOWNLOAD, ARM/DEARM MILITARY AIRCRAFT WITHIN THE MARINE AIR GROUP (MAG).
6.  U.S. GOVERNMENT CONTRACTING OFFICERS.  DEPARTMENT OF THE NAVY (DON) CONTRACTING OFFICERS WILL ENSURE THAT U.S. GOVERNMENT DOD CONTRACTS REQUIRING DEFENSE CONTRACTED PERSONNEL TO HANDLE, STORE, RENOVATE, ASSEMBLE, SAFE AND UNSAFE A AND E CONTAIN THE FOLLOWING REQUIREMENTS:
    A.  REFER TO AND INCORPORATE DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT (DFARS) CLAUSES:
        (1) DFARS 252.2230-7002, SAFETY PRECAUTIONS FOR AMMUNITION AND EXPLOSIVES.
        (2) DFARS 252.223-7003. CHANGE IN PLACE OF PERFORMANCE.
    B.  INCLUDE THE FOLLOWING CLAUSE IN THE U.S. GOVERNMENT CONTRACT, "THE DEFENSE CONTRACTOR, WHO WILL BE PERFORMING SERVICES INVOLVING AMMUNITION AND EXPLOSIVE MATERIAL ON BEHALF OF THE U.S.
GOVERNMENT, SHALL HAVE AN ESTABLISHED EXPLOSIVES QUALIFICATION AND CERTIFICATION PROGRAM MEETING THE REQUIREMENTS OF MCO 8023.3A."
    C.  ALL U.S. GOVERNMENT PERSONNEL, WHO INITIATE CONTRACTS FOR THE PERFORMANCE OF A AND E OPERATIONS WITHIN THE SCOPE OF THE CONTRACT, SHALL ENSURE THAT A DEFENSE CONTRACTOR'S QUAL/CERT PROGRAM MEETING THE REQUIREMENTS OF REF (A) IS INCLUDED IN THE CONTRACT.
        (1) MARINE FORCES COMMANDS (MARFORS), MARINE EXPEDITIONARY FORCES (MEFS), INSTALLATIONS, AND WING AVIATION LOGISTICS DIVISION ORDNANCE (ALD) SHALL REVIEW ALL CONTRACTS AND STATEMENTS OF WORK
(SOWS) THAT REQUIRE ANY DEFENSE CONTRACT PERSONNEL TO BE QUALIFIED AND CERTIFIED IN ACCORDANCE WITH REF (A) (I.E., FLIGHT EQUIPMENT, SEAT SHOP, AIRFRAMES AND AMMUNITION SUPPLY POINT/STATION ORDNANCE FUNCTIONS), PRIOR TO ANY U.S. GOVERNMENT CONTRACT APPROVAL.
        (2) MARFORS, MEFS, INSTALLATIONS, WINGS, MARINE AIR GROUP/MARINE AVIATION LOGISTICS SQUADRONS (MAG/MALS) ORDNANCE OFFICERS AND STATION EXPLOSIVES SAFETY OFFICERS (ESOS) SHALL BE PROVIDED A COPY OF ALL APPROVED CONTRACTS OF THIS NATURE AND THEY MUST BE MAINTAINED FOR THE LENGTH OF THAT CONTRACT.
7.  CERTIFICATION BOARD.  THE DEFENSE CONTRACTOR SHALL ESTABLISH A CERTIFICATION BOARD COMPRISED OF A BOARD CHAIRMAN AND AT LEAST ONE BOARD MEMBER.  THESE INDIVIDUALS SHALL BE ASSIGNED IN WRITING BY AN APPROPRIATE AUTHORITY WITHIN THE CONTRACTED ENTITY AND ARE SOLELY RESPONSIBLE TO THE GOVERNMENT IN MATTERS OF A AND E QUALIFICATION AND CERTIFICATION.
8.  BOARD CHAIRMAN AND BOARD MEMBER QUALIFICATIONS.  THE DEFENSE CONTRACTOR'S BOARD CHAIRMAN AND BOARD MEMBERS SHALL MEET THE FOLLOWING EXPERIENCE QUALIFICATIONS:
    A.  PERSONNEL ASSIGNED AS QUAL/CERT BOARD CHAIRMAN SHALL HAVE A MINIMUM OF 6 YEARS EXPERIENCE IN THE TYPE OF A AND E OPERATION BEING CONDUCTED.
    B.  PERSONNEL ASSIGNED AS QUAL/CERT BOARD MEMBER SHALL HAVE A MINIMUM OF 4 YEARS EXPERIENCE IN THE TYPE OF A AND E OPERATION BEING CONDUCTED.
9.  PERSONNEL CERTIFICATION.  ALL DEFENSE CONTRACTS, WHEN ISSUED AND/OR RENEWED, WHICH INVOLVE A AND E OPERATIONS WILL HAVE PROVISIONS REQUIRING DEFENSE CONTRACT PERSONNEL INVOLVED IN EXPLOSIVES TYPE OPERATIONS TO BE TRAINED AND CERTIFIED FOR EACH TYPE OF OPERATION TO BE PERFORMED.
10.  DOCUMENTATION.  TRAINING AND CERTIFICATION SHALL BE DOCUMENTED USING ENCLOSURES (2) AND (3) OF REF (A).
11.  RECORDKEEPING.  RECORDS SHALL BE MAINTAINED FOR ALL DEFENSE CONTRACT INDIVIDUALS IN THE DEFENSE CONTRACTED ENTITY'S QUALIFICATION CERTIFICATION PROGRAM FOR THE DURATION OF THE CONTRACT.  RECORDS SHALL BE MAINTAINED EITHER MANUALLY OR ELECTRONICALLY.
12.  U.S. GOVERNMENT REVIEW.  THE DEFENSE CONTRACTED ENTITY SHALL PROVIDE SIGNED DESIGNATION LETTERS AND ALL QUAL/CERT PROGRAM DOCUMENTATION FOR U.S. GOVERNMENT REVIEW AND/OR MONITORING BEFORE PERFORMING ANY A AND E TYPE OPERATIONS.  THIS DOCUMENTATION WILL BE MADE AVAILABLE UPON REQUEST AND SUBJECT TO REVIEW BY MARINE CORPS REPRESENTATIVES (I.E., EXPLOSIVES SAFETY OFFICERS, EXPLOSIVES SAFETY INSPECTORS, QUALITY ASSURANCE PERSONNEL, AND OTHERS) WHO ARE ASSESSING THE DEFENSE CONTRACTOR'S QUAL/CERT PROGRAM.  IN THE UNLIKELY EVENT THAT A DEFENSE CONTRACTOR FAILS TO PROVIDE CERTIFIED PERSONNEL QUALIFICATIONS TO THE APPROPRIATE U.S. GOVERNMENT REPRESENTATIVE, WORK MAY BE STOPPED UNTIL PERSONNEL MEET THE REQUIRED QUALIFICATIONS OR MAY BE CAUSE FOR TERMINATION OF THE CONTRACT.
13.  DEVIATIONS.  DEVIATIONS TO THE REQUIREMENTS OF REF (A) ARE NOT AUTHORIZED UNLESS APPROVED IN WRITING BY MARCORSYCOM PM AMMO (CODE 204) AND/OR HQMC AVIATION SUPPLY LOGISTICS (ASL-30).  REQUESTS FOR DEVIATIONS MUST BE SUBMITTED IN WRITING TO PM AMMO AND/OR ASL-30 FOR APPROVAL.
14.  THIS BULLETIN IS APPLICABLE TO THE MARINE CORPS TOTAL FORCE.
15.  THIS BULLETIN IS CANCELLED UPON THE NEXT REVISION OF REF (A), OR ONE YEAR FROM DATE OF PUBLISHING OF THIS BULLETIN, WHICHEVER COMES FIRST.
16.  RELEASE AUTHORIZED BY BGEN M. M. BROGAN, MARINE CORPS SYSTEMS COMMAND COMMANDER.//