Current Content
(4) Plans for controlling the use of clauses or provisions other than those prescribed by the FAR or DFARS (local clauses), as required by DFARS 201.304(4), shall include procedures to ensure that a local clause—
(A) Is evaluated to determine whether the local clause constitutes a significant revision (see 201.301 (b));
(B) Is numbered in accordance with FAR 52.1 and DFARS 252.1 (see 252.103 );
(C) Is accompanied by a prescription in the appropriate part and subpart of the department or agency FAR supplement where the subject matter of the clause receives its primary treatment;
(D) If it constitutes a significant revision—
(1) Is published for public comment in the Federal Register in accordance with FAR 1.501 and DFARS 201.501;
(2) Complies with the Paperwork Reduction Act 1980 (44 USC chapter 35), in accordance with FAR 1.106and 1.301;
(3) As a matter of policy, complies with the Regulatory Flexibility Act (5 U.S.C. 601, et seq.); and
(4) Is approved in accordance with DFARS 201.304; and
(E) Is published with a prescription as a final rule in the Federal Register in order to amend the department or agency’s chapter of Title 48 of the Code of Federal Regulations (CFR), if it is to be used on a repetitive basis.
(5)(A) Prior to publication for public comment in the Federal Register of a local clause that constitutes a significant revision (see 201.301 (b)), departments and agencies shall submit, in accordance with agency procedures, the following information electronically via email to the Director, Defense Acquisition Regulation (DAR) Council, at osd.pentagon.ousd-a-s.mbx.dfars@mail.mil:
(1) The name of the requesting department or agency.
(2) The name, email address and phone number of the point of contract for the local clause and the department or agency clause control point of contact.
(3) A detailed rationale for the request, to include—
(i) Why existing FAR or DFARS clauses or provisions do not satisfy, or could not be tailored to meet, the department or agency’s needs;
(ii) What contracting problem or situation will be avoided, corrected, or improved if the local clause is approved; and
(iii) Identification of other DoD Components that have expressed interest in use of the clause for consideration for incorporation into the DFARS.
(4) The draft rule to be published in the Federal Register to solicit public comments on the proposal to amend the department and agency’s chapter of Title 48 of the CFR to incorporate the local clause.
(5) The initial regulatory flexibility analysis. For additional information on the Regulatory Flexibility Act (5 U.S.C. 601, et seq.) see Appendix 8 of the FAR Operating Guide accessible via the Defense Acquisition Regulation System (DARS) website at http://www.acq.osd.mil/dpap/dars/about.html.
(6) If applicable, the request package to be submitted to the Office of Management and Budget for any new information collection requirement imposed by the local clause. For additional information on the Paperwork Reduction Act (44 USC Chapter 35) see Appendix 9 of the FAR Operating Guide accessible via the DARS website at http://www.acq.osd.mil/dpap/dars/about.html.
(7) Evidence of coordination with the department or agency’s legal counsel.
(8) Evidence of coordination with the appropriate stakeholders (e.g., Chief Information Officer, Office of Small Business Programs, etc.).
(B) The Director, DAR Council, shall—
(1) Determine whether the local clause unnecessarily duplicates coverage currently contained within the FAR or DFARS;
(2) Determine whether the local clause constitutes a deviation from the FAR or DFARS (see FAR 1.401) and requires approval in accordance with DFARS 201.4;
(3) Coordinate the local clause with the appropriate stakeholders;
(4) Coordinate local clauses, as appropriate, with the DAR Council for consideration of the local clause for incorporation in the DFARS; and
(5) Provide recommendations regarding the local clause package.
(C) Requests for Principal Director, Defense Pricing, Contracting, and Acquisition Policy (DPCAP), approval of local clauses that have been published for public comment in the Federal Register, shall be submitted electronically via email through the Director, DAR Council, at osd.pentagon.ousd-a-s.mbx.dfars@mail.mil and shall include the following:
(1) A memorandum requesting Principal Director, DPCAP, approval of the local clause.
(2) A copy of the notice of the rule published in the Federal Register.
(3) A copy of all public comments received in response to the Federal Register notice.
(4) An analysis of, and responses to, any public comments received.
(5) The draft final rule to be published in the Federal Register to amend the department or agency’s chapter of Title 48 of the CFR to incorporate the local clause.
(6) The final regulatory flexibility analysis. For additional information on the Regulatory Flexibility Act (5 U.S.C. 601, et seq.) see Appendix 8 of the FAR Operating Guide accessible via the DARS website at http://www.acq.osd.mil/dpap/dars/about.html.
(7) If applicable, a copy of the Office of Management and Budget’s approval of any new information collection requirement imposed by the local clause. For additional information on the Paperwork Reduction Act (44 USC chapter 35) see Appendix 9 of the FAR Operating Guide accessible via the DARS website at http://www.acq.osd.mil/dpap/dars/about.html.
(8) Evidence of coordination with the department or agency’s legal counsel.
(9) Evidence of coordination with the appropriate stakeholders (e.g., Chief Information Officer, Office of Small Business Programs, etc.).
(10) A copy of any initial recommendations received from the Director, DAR Council on the proposed rule.
Change History
| Detected | Type | Summary |
|---|---|---|
| detected 2026-04-17 | PGI_MODIFIED | PGI 201.304 updated: 31 lines added, 9 lines removed |
View diff--- previous +++ current @@ -1,9 +1,31 @@ -Departments and agencies and their component organizations may issue acquisition regulations as necessary to implement or supplement the FAR or DFARS. (1)(i) Approval of the USD(A&S) is required before including in a department/agency or component supplement, or any other contracting regulation document such as a policy letter or clause book, any policy, procedure, clause, or form that-- (A) Has a significant effect beyond the internal operating procedures of the agency; or (B) Has a significant cost or administrative impact on contractors or offerors. -(ii) Except as provided in paragraph (2) of this section, the USD(A&S) has delegated authority to the Principal Director of Defense Pricing, Contracting, and Acquisition Policy (DPCAP) to approve or disapprove the policies, procedures, clauses, and forms subject to paragraph (1)(i) of this section. -(2) In accordance with 41 U.S.C. 1304, a new requirement for a certification by a contractor or offeror may not be included in a department/agency or component procurement regulation unless-- -(i) The certification requirement is specifically imposed by statute; or -(ii) Written justification for such certification is provided to the Secretary of Defense by USD(A&S), and the Secretary of Defense approves in writing the inclusion of such certification requirement. -(3) Contracting activities must obtain the appropriate approval (see 201.404 ) for any class deviation (as defined in FAR Subpart 1.4) from the FAR or DFARS, before its inclusion in a department/agency or component supplement or any other contracting regulation document such as a policy letter or clause book. -(4) Each department and agency must develop and, upon approval by OUSD(A&S)DPCAP, implement, maintain, and comply with a plan for controlling the use of clauses other than those prescribed by FAR or DFARS. Additional information on department and agency clause control plan requirements is available at PGI 201.304 (4). -(5) Departments and agencies must submit requests for the Secretary of Defense, USD(A&S), and OUSD(A&S)DPCAP approvals required by this section through the Director of the DAR Council. Procedures for requesting approval of department and agency clauses are provided at PGI 201.304 (5). -(6) The Principal Director, DPCAP publishes changes to the DFARS in the Federal Register at https://www.federalregister.gov and on the DPCAP website at https://www.acq.osd.mil/dpap/dars/change_notices.html. Each change includes an effective date. Unless guidance accompanying a change states otherwise, contracting officers must include any new or revised clauses, provisions, or forms in solicitations issued on or after the effective date of the change.+(4) Plans for controlling the use of clauses or provisions other than those prescribed by the FAR or DFARS (local clauses), as required by DFARS 201.304(4), shall include procedures to ensure that a local clause-- (A) Is evaluated to determine whether the local clause constitutes a significant revision (see 201.301 (b)); (B) Is numbered in accordance with FAR 52.1 and DFARS 252.1 (see 252.103 ); (C) Is accompanied by a prescription in the appropriate part and subpart of the department or agency FAR supplement where the subject matter of the clause receives its primary treatment; (D) If it constitutes a significant revision-- +(1) Is published for public comment in the Federal Register in accordance with FAR 1.501 and DFARS 201.501; +(2) Complies with the Paperwork Reduction Act 1980 (44 USC chapter 35), in accordance with FAR 1.106and 1.301; +(3) As a matter of policy, complies with the Regulatory Flexibility Act (5 U.S.C. 601, et seq.); and +(4) Is approved in accordance with DFARS 201.304; and (E) Is published with a prescription as a final rule in the Federal Register in order to amend the department or agency's chapter of Title 48 of the Code of Federal Regulations (CFR), if it is to be used on a repetitive basis. (5)(A) Prior to publication for public comment in the Federal Register of a local clause that constitutes a significant revision (see 201.301 (b)), departments and agencies shall submit, in accordance with agency procedures, the following information electronically via email to the Director, Defense Acquisition Regulation (DAR) Council, at osd.pentagon.ousd-a-s.mbx.dfars@mail.mil: +(1) The name of the requesting department or agency. +(2) The name, email address and phone number of the point of contract for the local clause and the department or agency clause control point of contact. +(3) A detailed rationale for the request, to include-- +(i) Why existing FAR or DFARS clauses or provisions do not satisfy, or could not be tailored to meet, the department or agency's needs; +(ii) What contracting problem or situation will be avoided, corrected, or improved if the local clause is approved; and +(iii) Identification of other DoD Components that have expressed interest in use of the clause for consideration for incorporation into the DFARS. +(4) The draft rule to be published in the Federal Register to solicit public comments on the proposal to amend the department and agency's chapter of Title 48 of the CFR to incorporate the local clause. +(5) The initial regulatory flexibility analysis. For additional information on the Regulatory Flexibility Act (5 U.S.C. 601, et seq.) see Appendix 8 of the FAR Operating Guide accessible via the Defense Acquisition Regulation System (DARS) website at http://www.acq.osd.mil/dpap/dars/about.html. +(6) If applicable, the request package to be submitted to the Office of Management and Budget for any new information collection requirement imposed by the local clause. For additional information on the Paperwork Reduction Act (44 USC Chapter 35) see Appendix 9 of the FAR Operating Guide accessible via the DARS website at http://www.acq.osd.mil/dpap/dars/about.html. +(7) Evidence of coordination with the department or agency's legal counsel. +(8) Evidence of coordination with the appropriate stakeholders (e.g., Chief Information Officer, Office of Small Business Programs, etc.). (B) The Director, DAR Council, shall-- +(1) Determine whether the local clause unnecessarily duplicates coverage currently contained within the FAR or DFARS; +(2) Determine whether the local clause constitutes a deviation from the FAR or DFARS (see FAR 1.401) and requires approval in accordance with DFARS 201.4; +(3) Coordinate the local clause with the appropriate stakeholders; +(4) Coordinate local clauses, as appropriate, with the DAR Council for consideration of the local clause for incorporation in the DFARS; and +(5) Provide recommendations regarding the local clause package. (C) Requests for Principal Director, Defense Pricing, Contracting, and Acquisition Policy (DPCAP), approval of local clauses that have been published for public comment in the Federal Register, shall be submitted electronically via email through the Director, DAR Council, at osd.pentagon.ousd-a-s.mbx.dfars@mail.mil and shall include the following: +(1) A memorandum requesting Principal Director, DPCAP, approval of the local clause. +(2) A copy of the notice of the rule published in the Federal Register. +(3) A copy of all public comments received in response to the Federal Register notice. +(4) An analysis of, and responses to, any public comments received. +(5) The draft final rule to be published in the Federal Register to amend the department or agency's chapter of Title 48 of the CFR to incorporate the local clause. +(6) The final regulatory flexibility analysis. For additional information on the Regulatory Flexibility Act (5 U.S.C. 601, et seq.) see Appendix 8 of the FAR Operating Guide accessible via the DARS website at http://www.acq.osd.mil/dpap/dars/about.html. +(7) If applicable, a copy of the Office of Management and Budget's approval of any new information collection requirement imposed by the local clause. For additional information on the Paperwork Reduction Act (44 USC chapter 35) see Appendix 9 of the FAR Operating Guide accessible via the DARS website at http://www.acq.osd.mil/dpap/dars/about.html. +(8) Evidence of coordination with the department or agency's legal counsel. +(9) Evidence of coordination with the appropriate stakeholders (e.g., Chief Information Officer, Office of Small Business Programs, etc.). +(10) A copy of any initial recommendations received from the Director, DAR Council on the proposed rule. |
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