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 201.4Substantially-as-follows, or                         Substantially-the-same-as                      FAR 2.101Modification                      FAR 52.101 and 52.104Alternate                      FAR 52.105Solicitation                      FAR 2.1013. Table of Approval Authorities          Type                      Reference                      Approval AuthorityAny 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)DPCClause Control Plan                      DFARS 201.304(4)                      OUSD(A&S)DPCIndividual 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)DPCIndividual deviations from FAR/DFARS other than those cited                            in 201.402(1).                      FAR 1.403                         DFARS 201.403(1)                      Head of the Contracting ActivityClass 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 deviationsProvisions 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                         ContractProposed 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 OfficerProposed 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 OfficerProposed 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 Activity4. 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 agency-wide 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.