I have a question, we make part X for company A, their name is the print they supply us and we have our own internal prints also that reference company A. If Joe Aerospace shop down the road asks to purchase part X is that ok? If joes Aerospace shop has a contract with Company A there is no issue. Do I need to verify that Joes Aerospace actually has a contract with company A? Or should just not worry about this?:confused:

We have a line of parts that we hold FAA PMA on, the sitiuation I listed above is not a part that we have FAA PMA on.

I am very anxious to see what the experts say about this. We sell aircraft parts to a prime's 1st tier vendor. We also get requests for these same parts from certified air repair companies. This has always bothered me. I also wonder where ITAR fits into this. What if our customer sells the assembly to a foreign country? :mg:

Doug

I have a question, we make part X for company A, their name is the print they supply us and we have our own internal prints also that reference company A. If Joe Aerospace shop down the road asks to purchase part X is that ok? If joes Aerospace shop has a contract with Company A there is no issue. Do I need to verify that Joes Aerospace actually has a contract with company A? Or should just not worry about this?:confused:

We have a line of parts that we hold FAA PMA on, the sitiuation I listed above is not a part that we have FAA PMA on.
Who owns the design?

It depends on what and to whom you are selling this to. Carefully read 14cfr21.303.
§ 21.303 Replacement and modification parts.

(a) Except as provided in paragraph (b) of this section, no person may produce a modification or replacement part for sale for installation on a type certificated product unless it is produced pursuant to a Parts Manufacturer Approval issued under this subpart.
Did you sell it to a maintenance provider for installation? Did you claim or imply that it was a replacement for company A's part? Assuming company A has the type certificate or a production certificate. If so, then I believe that you're in violation.

We own the design. We have not sold any parts, we are still looking into this company that has sent in this RFQ. I wanted some advice so I can properly explain why we cannot sell to just anyone. I am still unsure if this other company is a distrubuter or if they are a maintence provider. In the past we have had subassemblers reference a contract number and all of Company A requirments.

We own the design. We have not sold any parts, we are still looking into this company that has sent in this RFQ. I wanted some advice so I can properly explain why we cannot sell to just anyone. I am still unsure if this other company is a distrubuter or if they are a maintence provider. In the past we have had subassemblers reference a contract number and all of Company A requirments.If the part is strictly for installation on the aircraft or if the order came in for the certicate holder's part number and you supply it, it's an unapproved part unless you hold a PMA for the part. If you supply an unapproved part, you're in violation. You probably know this since you mentioned that you hold some PMAs. Your Designee (http://www.faa.gov/other_visit/aviation_industry/designees_delegations/designee_types/dmir/) would know this.

Who owns the design?It's really a question of who is the Production Approval Holder.

It's really a question of who is the Production Approval Holder.
Thanks--I realized as soon as I read your first response that I was in over my head.

A part other than that defined as a STANDARD part (bolts,nuts etc) can only be an approved part if it passes through the quality system of the TC holder, STC holder or one who holds PMA. If you are none of the three you are providing unapproved parts.

Sorry in the delay updating this post, we have gone back to this new company with questions and they have provided their licensing agreement that they have, and all po will reference this licensing agreement. I was unsure we needed that info, so I am glad I asked.

http://www.atwonline.com/news/story.html?storyID=17674


Southwest Airlines and US FAA officials met yesterday to discuss an agency inspector's recent discovery that SWA is operating more than 40 737s with parts produced by an uncertified vendor, a finding that led to the Aug. 22 grounding of the aircraft from early morning to 3 p.m.
"FAA, Boeing and Southwest all agreed [by the afternoon of Aug. 22 that] our aircraft were safe to operate with the parts as they were," an SWA spokesperson told ATWOnline. The agency confirmed to this website that use of the parts does not create an immediate safety issue, but added that permission granted to the airline to continue operating the 737s is for 10 days only, giving SWA a brief reprieve to find a more permanent solution.
The parts in question are exhaust gate assembly hinge fittings, which deflect engine exhaust from wing flaps. A maintenance company that neither FAA nor SWA identified apparently replaced the parts with hinge fittings produced by a vendor that has not gained FAA certification for the parts. The issue was first revealed by The Wall Street Journal late Tuesday.
SWA's latest confrontation with FAA comes fewer than six months after it agreed to pay a $7.5 million fine to settle an enforcement action stemming from operating 46 737 Classics for nine days in March 2007 after it had disclosed to the agency that the aircraft were in noncompliance with an airworthiness directive (ATWOnline, March 3) (http://www.atwonline.com/news/story.html?storyID=15785). Disclosure of that episode led to allegations that FAA inspectors in Dallas were too "cozy" with SWA.

by Christine Boynton and Aaron Karp

Something doesn't add up here Schweizer, you say you make the part to Company A's print yet you own the design, that doesn't make sense. If they own and provide the print then it is their design and you are making the part on their behalf. They therefore have the approval to make the part but subcontract the manufacture to you. You can not sell someone else's part to a third party, unless we are talking about catalogue hardware and not a configuration item.

As per the 14CFRcf21.303, the onus is on the installer to ensure the part arrived with the appropriate documentation before installing it onto the aircraft. The buck stops at the installer so in the SW case cited, it is SW who has infringed the regulations, not necessarily the part supplier. Only an approved supplier can attached the necessary Form 8130 to the part to allow it to be used. If you sell parts without the correct documentation then the parts are useless to anyone who wants to use them unless someone (else) fraudulently attaches approved forms.

In order to prevent unapproved parts entering the supply chain, suppliers are not encouraged to sell parts to anyone who is not a legitimate part of the aerospace supply chain. You were wise to seek clarification from the issuer of the RFQ as I believe it is Company A's part you are possibly selling to a third party.

Cheers,