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 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. These clauses will be incorporated into the DISA Acquisition Regulation Supplement (DARS).

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 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.