APPENDIX B — 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); andd.Identifying all clauses included in solicitations,             whether included in the DARS or not, 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 acertification 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 asignificant 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;                         (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(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 –                         (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(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                         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(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 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 (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 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 (A&S) DPC approval, shall be processed by routing with             DISA Form 320 from the contracting officer 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. Unique or Special Requirements 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 (A&S) DPC 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 requirements are not required to be included in agency or             suborganization 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) G22. Delivery Ticket             Invoice (DTI) - Payments          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          H3. Key Personnel          H4. Enterprise-Wide Contractor Manpower Reporting             Application (eCMRA) Reporting          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 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 tailoring of clauses, use of alternates, and             authorized deviations will be reviewed on a case-by-case basis by the Contracting             Officer, 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.          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 waiver approved by the Head of the Contracting Activity.          e. Contracting officers outside the United States may             deviate from prescribed non statutory 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.b.Solicitation clauses authorized for one-time use             do not have to be numbered, but must be identified in accordance with FAR 52.103 by the             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 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, and clauses.