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DARS APPENDIX B

APPENDIX B

DISA PLAN FOR CONTROL OF CLAUSES

Defense Information Systems Agency

Procurement Directorate (PLD)/Defense Information Technology Contracting Organization (DITCO)

Clause Control Plan

Revised July 2011

1. Purpose

This plan establishes procedures and a system of controls for:

2. Definitions

For the purpose of this Plan, the terms “regulation” and “clause” have the following meanings.

a. Regulation. Any contracting supplement, policy letter, clause book, automated system, or similar regulatory instrument.

b. Clause. Includes provisions and means a term or condition of the type set forth in FAR Part 52/DFARS Part 252.

c. Other Key Terms. The following matrix reflects additional key terms along with related FAR and DFARS references.

Deviation

FAR Subpart 1.4; DFARS Subpart 201.4

Substantially-as-follows, or

Substantially-the-same-as

FAR 2.101

Modification

FAR 52.101 and 52.104

Alternate

FAR 52.105

Solicitation

FAR 2.101

3. Table of Approval Authorities

Type

Reference

Approval Authority

Any new requirement for a certification by a contractor or offeror unless imposed by statute.

DFARS 201.304(2)

Secretary of Defense (without delegation)

Any policy letter, clause book, policy, procedure, clause, or form that has a significant effect beyond internal operating procedures or poses a significant cost or administrative impact on contractors or offerors.

DFARS 201.304(1)(i)(A) & (B)

OUSD(AT&L)DPAP

Clause Control Plan

DFARS 201.304(4)

OUSD(AT&L)DPAP

Individual or class deviations from FAR/DFARS cited in 201.402(1) :

(1) FAR 3.104/DFARS 203.104, Procurement Integrity;

    (2) FAR Subpart 27.4/DFARS Subpart 227.4, Rights in Data and Copyrights;

    (3) FAR Part 30/DFARS Part 230, CAS Administration;

    (4) FAR Subpart 31.1/DFARS Subpart 231.1, Applicability (contract cost Principles);

    (5) FAR Subpart 31.2/DFARS Part 231, Contracts with Commercial Organizations; or

    (6) FAR Part 32/DFARS 232, Contract Financing (with two exceptions).

FAR Subpart 1.4 DFARS 201.402(1)

OUSD(AT&L)DPAP

Individual deviations from FAR/DFARS other than those cited in 201.402(1).

FAR 1.403 DFARS 201.403(1)

Head of the Contracting Activity

Class deviations other than those described in 201.402(1) that do not --

(1) Have a significant effect beyond the internal operating procedures of the department or agency;
(2) Have a significant cost or administrative impact on contractors or offerors;
(3) Diminish any preference given small business concerns by the FAR or DFARS; or
(4) Extend to requirements imposed by statute or by regulations of other agencies such as the Small Business Administration and the Department of Labor.

FAR 1.404 DFARS 201.404(b)(ii)

OUSD(AT&L)DPAP approves all class deviations

Provisions and clauses developed to fulfill a specific and unique requirement of the acquisition, or are a result of negotiations. They do not constitute a deviation from FAR or DFARS or require OUSD(AT&L)DPAP approval.

DFARS 201.304

Procurement Directorate/Defense Information Technology Contracting Organization

Policy, Quality Assurance & Procedures Division (PL2)

Proposed new repetitive use or "substantially the same as" local clauses. They do not constitute a deviation from FAR or DFARS or require OUSD(AT&L)DPAP approval.

FAR 1.401 DFARS 201.304

Head of the Contracting Activity

Proposed use of modifications, alternates, and authorized deviations.

FAR 1.401

Contracting Officer (KO)

Proposed tailoring by the KO of the commercial item provision at FAR 52.212-1, Instructions to Offerors - Commercial Items and the clause at FAR 52.212-4 Contract Terms and Conditions-Commercial Items (with certain limitations) consistent with commercial practice.

FAR 12.302

KO

Proposed tailoring (inconsistent with customary practice) by the KO of the commercial item provision at FAR 52.212-1, Instructions to Offerors - Commercial Items and the clause at FAR 52.212-4 Contract Terms and Conditions-Commercial Items (with certain limitations) inconsistent with commercial practice.

DFARS 212.302

Head of the Contracting Activity

4. Deviation Review Procedures

a. Written justification for a new certification by a contractor or offeror that requires approval by the Secretary of Defense shall be processed by routing with DISA Form 9 from the Contracting Officer (KO) through the cognizant HCO, PL21 Policy Branch, the Office of General Counsel, and HCA prior to approval by the SPE and submission to the DAR Council Director for processing to USD(AT&L) via OUSD(AT&L)DPAP.

b. Proposed deviations from FAR or DFARS that require approval by OUSD(AT&L)DPAP shall be processed by routing with DISA Form 9 from the KO through the cognizant HCO, PL21 Policy Branch, the Office of General Counsel, and HCA prior to approval by the SPE and submission to the DAR Council Director for processing. The PL21 Policy Branch will coordinate with the DAR Council representative on required approvals as necessary.

c. Proposed individual deviations from FAR, DFARS, or DARS that do not require OUSD(AT&L)DPAP approval, shall be processed by routing with DISA Form 9 from the KO through the cognizant HCO, PL21 Policy Branch, and Office of General Counsel for approval by the Head of the Contracting Activity.

e. All deviation requests for approval shall include, at a minimum, the information required by DFARS 201.402(2).

5. Clause Review Procedures

a. Proposed supplemental clauses which fulfill a specific and unique requirement of the acquisition and are not for repetitive use, or are the result of negotiations, do not constitute a deviation from the FAR or DFARS, and which do not require the approval of OUSD(AT&L)DPAP will be submitted for review by the PL21 Policy Branch and the Office of General Counsel for approval by the Policy, Quality Assurance & Procedures Division Chief (PL2), Defense Information Technology Contracting Organization. These clauses are not required to be included in agency or suborganization acquisition regulations.

b. Proposed new repetitive use of substantially-the-same-as clauses that do not constitute a deviation from the FAR or DFARS, and that do not require the approval of OUSD(AT&L)DPAP will be submitted for review by the PL21 Policy Branch and Office of General Counsel for approval by the Head of the Contracting Activity/Chief, Defense Information Technology Contracting Organization. The reviews are to ensure the clauses do not contain material differences from those already authorized for use and that circumstances for use of the provisions and clauses are appropriate. These provisions and clauses will be included in DISA Acquisition Regulation Supplement (DARS).

c. Proposed use of clause modifications, alternates, and authorized deviations will be reviewed on a case-by-case basis by the KO, PL21, and the DISA Office of General Counsel to ensure proper use and that the alternate language is authorized prior to being included in solicitations and contracts. These clauses will be incorporated into the DISA Acquisition Regulation Supplement (DARS).

d. Proposed tailoring by the KO of the commercial item provision at FAR 52.212-1, Instructions to Offerors - Commercial Items and the clause at FAR 52.212-4 Contract Terms and Conditions-Commercial Items (with certain limitations) to adapt to market conditions after conducting market research will be reviewed by the Office of General Counsel for actions that exceed the Simplified Acquisition Threshold. Tailoring inconsistent with customary practice must be approved by waiver approved by the Head of the Contracting Activity.

e. KOs outside the United States may deviate from prescribed nonstatutory FAR and DFARS clauses when contracting with governments of NATO countries, with United Nations or NATO organizations and such governments or organizations will not agree to the standard clauses. The Head of the Contracting Office (HCO) shall maintain a record of all such deviations.

6. Clause Numbering

a. All clauses included in solicitations and contracts must adhere to the numbering and identification requirements of FAR Subpart 52.1, as supplemented by DFARS Subpart 252.1.

7. Controls

a. This plan shall be reviewed annually and updated as required to reflect changes in policy or procedures. When updated, a copy will be provided to the DAR Council Director for review and processing to OUSD(AT&L)DPAP for approval.

b. Copies of all agency supplemental clauses will be provided to the PL21 Policy Branch for review and consideration for inclusion in agency-level acquisition regulations for use on an agency-wide basis.

8. Focal Point

The HCA is the focal point for resolution of internal or public inquiries on authority for use of a particular clause.

List of DISA Local Clauses

Clause Numbers

Clause Title

Effective Date

     

52.204-9000

Points of Contact

AUG 2005

52.204-9001

Contract/Order Closeout – Fixed-Price, Time-and-Materials, or Labor Hours

JAN 2007

52.209-9000

Organizational and Consultant Conflicts of Interest (OCCI)

DEC 2005

52.211-9000

Requirement to Submit an Electronic Product List

NOV 2011

52.215-9000

Cross Reference Matrix

DEC 2010

52.216-9000

Ordering Procedures for External Agencies

DEC 2012

52.232-9001

Funds Not Presently Available

JUL 2012

52.232-9002

Electronic Invoicing for Telecommunications Services

DEC 2012

52.232-9003

Contract Payments – Delivery Ticket Invoice

DEC 2012

52.237-9000

Key Personnel

AUG 2011

52.239-9000

Outage Credits

FEB 2006

52.239-9001

Data Information Assurance Protection

JUL 2006

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