DISA PLAN FOR CONTROL OF CLAUSES
NOTE: This appendix was approved by Eleanor R. Spector on 11 March 1992. Therefore, any revisions to this plan must be approved by OUSD(AT&L/DPAP) prior to implementation. PL2 is preparing a new plan and when approved, it will supersede this appendix.
Statement of Purpose:
The purpose of this plan is to establish a system of controls for the use of clauses other than those prescribed in the Federal Acquisition Regulation (FAR) or Department of Defense FAR Supplement (DFARS).
Authority:
This system of controls is established pursuant to DFARS Subsection 201.304(4) and direction from the Director of Defense Procurement dated 5 August 1991.
Definitions:
“Clause” includes provisions, and means a term of condition of the solicitation/contract of the type set forth in FAR Part 52 and DFARS Part 252.
“Regulation” means any contracting supplement, policy letter, clause book, automated system, or similar regulatory instrument.
Approvals Required:
Director of Defense Procurement Approval Required:
All policies, procedures, clauses, or forms that have significant effect on the public.
All class deviations from FARS and DFARS.
Categories of individual deviations in DFARS Subsection 201.402(1).
Any deviation required to comply with a treaty or an executive agreement that is not authorized by FAR Subsection 1.405(b) or (c).
Head of Contracting Activity (HCA), Acquisition Management Office (AMOfc) and HCA, Defense Commercial Communications Office (DECCO) Approval Required:
All individual deviations, except those in one of the six categories in DFARS Subpart 201.402(1).
Any other clauses, except those that require approval of the Director of Defense Procurement.
Clause Numbering:
All clauses included in a solicitation or contract must adhere to the numbering and identification requirements in FAR Subpart 52.1 and DFARS Subpart 252.1. One-time use clauses need not be numbered, but at a minimum, must be identified by title, date, and name of the contracting organization that developed the clause.
Responsibilities—AMOfc:
a. Contracting officers shall obtain approval to the extent required under “Approval Authorities” above, before using any clause other than one prescribed by FAR or DFARS. Approval of modifications to non-prescription clauses shall be obtained in the same manner as when the clauses were originally approved.
b. Contracting personnel shall obtain advice and assistance as needed from the Activity General Counsel (Code AL) in preparing written requests for approval of a clause.
c. The contracting officer shall prepare written documentation requesting approval of the use of the clause. The request package shall contain an explanation of the clause and rationale for its use. The request package shall also justify use of the clause other than one prescribed by FAR or DFARS. The request package shall include comments and advice obtained from Code AL. The contract specialist shall ensure that all documents generated during the review and approval process are made a part of the contract file.
d. The contracting officer shall submit the request package to the Chief, Acquisition Planning and Procedures Office for forwarding to the HCA, AMOfc.
e. The Chief, Acquisition Planning and Procedures Office shall review the documentation, research the issue, and coordinate with the appropriate directorates/offices. If the issue does not have a significant impact on the public, forward to the HCA, AMOfc who has approval authority. If the issue does have a significant impact on the public, the Chief, Acquisition Planning and Procedures Office shall forward to the Director of the Defense Acquisition Regulations (DAR) Council for processing, after coordinating with the Agency General Counsel (Code AL), to the Director of Defense Procurement.
f. The Chief, Acquisition Planning and Procedures Office shall notify contracting personnel as to approval or denial of requests. The clause(s) shall not be used until such notification is received.
g. The Chief, Acquisition Planning and Procedures Office shall ensure that all approved class deviations are included in the Automated Contract Preparation System for immediate accessibility by contracting personnel.
h. The Chief, Acquisition Planning and Procedures Office shall ensure that all DISA procurement regulations are changed to the extent necessary to reflect the approval of clauses.
i. The Chief, Acquisition Planning and Procedures Office shall annually conduct a formal review of all clauses in use, other than FAR or DFARS clauses, and provide a report of the review for the HCA, AMOfc. The report shall include recommendations for the retention, modification, or deletion of each such clause.
Responsibilities -- DECCO
a. Contracting officers shall obtain approval to the extent required under “Approval Authorities” above, before using any clause other than those prescribed in the FAR or DFARS. Approval of modifications to non-prescription clauses shall be obtained in the same manner as when the clause was originally approved.
b. Contracting personnel shall obtain advice and assistance as needed from the Activity General Counsel (Code ALD) in preparing written requests for approval of a clause.
c. The contracting officer shall prepare required written documentation that will be reviewed by Code ALD. Contract specialists and account managers shall ensure that all documents generated during the review and approval process are part of the official contract file.
d. The contracting officer shall submit the request package for the HCA, DECCO approval to the Contract Policy Division (Code RGC).
e. The Contract Policy Division shall review the documentation, research the issue, and coordinate with the appropriate directorates/offices. If the issue does not have a significant impact on the public, forward to the HCA, DECCO who has approval authority. If the issue does have a significant impact on the public, the Contract Policy Division shall forward to the Director of the DAR Council for processing, after coordinating with Code AL, to the Director of Defense Procurement.
f. The Contract Policy Division shall notify contracting personnel as to approval or denial of requests. The clause(s) shall not be used until such notification is received.
h. The Contract Policy Division shall annually conduct a review of all DECCO specific clauses that have a significant impact on the public and provide a report of the review to the Principal Deputy Director, DECCO. The report shall include recommendations for the retention, modification, or deletion of clause(s).
Retention:
The AMOfc and DECCO Plan for Control of Clauses shall be retained in the DISA Acquisition Policies and Procedures.
Focal Point:
The HCA, AMOfc and the HCA, DECCO are the agency focal points for resolution of internal or public inquiries on authority for use of a particular clause.