201.402  Policy.

(1)  The HCA is the approval authority for individual deviations from FAR, DFARS, or DARS except those listed in DFARS 201.402(1)(i-vi). If the deviation is for a classified program, the Senior Procurement Executive is the approval authority for individual deviations.

(2)  

(i)  Except as provided in DFARS 201.402(2)(ii), individual deviations, other than those in DFARS 201.402(1)(i-vi), must be approved in accordance with the approved DISA Plan for Control of Clauses (Appendix B).

(iii)  For deviations that require USD(AT&L)DPAP approval (DFARS 201.402(1)), use the format in DFARS 201.402(2). Submit requests for deviation approval through DISA PL2.

(S-90)  Requests for deviations that have a significant effect beyond the internal operating procedures of the agency or have a significant cost or administrative impact on contractors or offerors must be published for public comment in the Federal Register.

(1)  Allow sufficient time for the 60-day public comment period, resolution of public comments, review of public comments by the Defense Acquisition Regulations Council and approval by USD(AT&L)DPAP.

(2)  The originator of the deviation is responsible for preparing the support package and proposed deviation language.

(3)  The originator of the deviation shall prepare the documentation to support any required analysis.

(S-91)  Appendix B contains the approved DISA Clause Control Plan and shall be followed for approval of clauses other than those prescribed in the FAR and DFARS.