APPENDIX A — DISA PLAN FOR CONTROL

OF CLAUSES

Defense Information Systems Agency

Procurement Services Directorate (PSD)/Defense Information Technology Contracting Organization

(DITCO)

Clause Control Plan

1. Purpose

Revised August 2018

This plan establishes procedures and a system of controls for:

a. Review requirements and approval authorities for one-time and class deviations;

b. Use of unique or special clauses;

c. Review and identification of component level clauses for inclusion in the DISA Acquisition

Regulation Supplement (DARS); and

d. Identifying all clauses included in solicitations and contracts, whether or not included in the

DARS, as required by FAR 52.101, 52.103, and DFARS 252.101.

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(A&S)DPC

Clause Control Plan DFARS 201.304(4) OUSD(A&S)DPC

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;

FAR Part 30/DFARS Part 230, CAS

Administration;

FAR Subpart 31.1/DFARS Subpart

231.1, Applicability (contract cost

Principles);

FAR Subpart 31.2/DFARS Part 231,

Contracts with Commercial

Organizations; or

FAR Part 32/DFARS 232, Contract

Financing (with two exceptions).

FAR Subpart 1.4

DFARS 201.402(1) OUSD(A&S)DPC

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 –

Have a significant effect beyond the internal

operating procedures of the department or

agency;

Have a significant cost or administrative

impact on contractors or offerors;

Diminish any preference given small business

concerns by the FAR or DFARS; or

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(A&S)DPC

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(A&S)DPC

approval.

DFARS 201.304

Head of the

Contracting Activity

Contract

Proposed new repetitive use or "substantially

the same as" local clauses. They do not

constitute a deviation from FAR or DFARS or

require OUSD(A&S)DPC approval.

FAR 1.401

DFARS 201.304

Head of the

Contracting Activity

OUSD(A&S)DPC

(for rule-making

process)

Proposed use of modifications, alternates,

and authorized deviations. FAR 1.401 Contracting Officer

Proposed tailoring by the contracting officer

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 Contracting Officer

Proposed tailoring (inconsistent with

customary practice) by the contracting officer

of the commercial item provision at FAR

52.212-1, Instructions to

Offerors - Commercial

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 (See Contract Document Approval Signature

Routing Procedures from the Contracting Officer through the cognizant CoCO and HCO, PL21,
Contract 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 (A&S) via OUSD (A&S) DPC.

b. Proposed deviations from FAR or DFARS that require approval by OUSD (A&S) DPC shall be

processed by routing (See Contract Document Approval Signature Routing Procedures from the

contracting officer through the cognizant CoCO and HCO, PL21 Contract 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 Contract 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 (A&S) DPC

approval, shall be processed by routing with DISA Form 320a from the contracting officer through

the cognizant CoCO and 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. Unique or Special Requirements Review Procedures

a. Proposed contract administration data or supplemental contract requirements 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 (A&S) DPC will be submitted drafted by the PL21 Contract Policy Branch ICA the

Office of General Counsel for approval by the Head of the Contracting Activity The following

requirements are not required to be included in agency acquisition regulations:

G1. Points of Contact

G2. Contract/Order Closeout-Fixed-Price, Time-and-Materials, or Labor-Hour

G3. Ordering Procedures for External Agencies/Organizations

G20. Electronic Invoicing for Telecommunications Services

G21. Contract Payments - Delivery Ticket Invoice (DTI)

G23. Outage Credits

G24. Contract Billing Dates for Services

H1. Organizational and Consultant Conflicts of Interest (OCCI) H2. Requirement to Submit an

Electronic Product List

H2. Requirement to Submit an Electronic Product List

H3. Key Personnel

H5. Use of Government-Furnished Computers

H6. Option to Exercise Surge Support

H7. Defense Information Technology Contracting Organization (DITCO) Minimum Insurance

Requirement
H8. Defense Information System Agency Incidental Property ManagemenT

H9. Government Furnished Property Contractor Management

H20. Critical Infrastructure Compliance

H21. Approved Products List

b. Proposed new repetitive use of substantially-the-same-as clauses that do not constitute a deviation

from the FAR or DFARS, but requires the approval of OUSD (A&S) DPC through the rule-making

process will be submitted for review by the PL21 Contract Policy Branch and Office of General

Counsel for approval by the Head of the Contracting Activity. 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

the (DARS.

c. Proposed tailoring of clauses, use of alternates, and authorized deviations will be reviewed on a

case-by-case basis by the Contracting Officer, cognizant CoCO and HCO, PL21 Contract Policy

Branch, 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.

d. Proposed tailoring by the contracting officer 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 Head of the Contracting Activity waiver.

e. Contracting officers outside the United States may deviate from prescribed non-statutory FAR and

DFARS clauses when contracting with governments of NATO countries NATO organizations and

such governments or organizations, and/or the United Nations who will not agree to the standard

clauses. The HeadCoCO and 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.

b. Provisions or clauses authorized for one-time use do not have to be numbered; however, they

must be identified in accordance with FAR 52.103 by title, date, and name of the contracting office

that developed the provision or clause.

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 (A&S) DPC for approval.

b. Copies of all Agency supplemental clauses will be provided to the PL21 Contract Policy Branch for

review and consideration for inclusion in agency-level acquisition regulations for use on an agencywide basis.

8. Focal Point
The HCA is the focal point for resolution of internal or public inquiries on authority for use of

deviations, unique or special requirements, clauses, and supplemental clauses.