(4) DON Procedures for Control of Component Clause Use. Navy/Marine Corps contracting activities shall follow the approved DON Control Plan for Component Clauses available at https://acquisition.navy.mil/rda/content/view/full/7071. This Plan sets forth specific requirements that must be met before use of Component clauses in DON solicitations and contracts. All Component clauses used in DON solicitations and contracts shall be properly approved before use.
(i) Definitions.
(A) “Component” means an organizational entity exercising contracting authority within DON.
(B) "Navy Clause Baseline" means all properly approved DON component clauses.
(ii) Requirements.
(A) Publication in the Federal Register. Component clauses or changes to existing component clauses that meet the conditions of DFARS 201.304(1)(i) (i.e. have a significant effect beyond the internal operating procedures of the agency, or a significant cost or administrative impact on offerors/contractors), shall be published for public comment in the Federal Register.
(B) Approvals. The required approval authorities for use of Component clauses are established in Paragraph 4 of the DON Control Plan for Component Clauses and DFARS 201.304(1)(i). Component clauses which do not meet the conditions for USD(AT&L)/DPAP approval require HCA approval, which is delegable only as set forth in the Plan. However, ASN(RD&A)/DASN(A&LM) approval is required for any Component clause which results in a FAR/DFARS/NMCARS deviation. Approvals of deviations are set forth in paragraph 5 of the Plan. Copies of all approved Component clauses shall be submitted to DASN(A&LM) via electronic mail address at [email protected] for inclusion in the Navy clause baseline within 30 days of approval.
(C) Documentation. All Component clauses must be properly supported in writing and reviewed by Counsel before approval. The clause approval documents shall be in the format and include the content similar to that prescribed for proposed revisions to FAR or DFARS at DFARS 201.201-1(d) and, when applicable, DFARS 201.301(b).
(D) Clause numbering. All component clauses shall be numbered in accordance with
5252.101.
(E) Solicitation Provisions and Contract Clauses for the Acquisition of Commercial Items.
(a) The following approvals are required for use of agency or component-unique provisions
or clauses in solicitations and contracts for commercial items that will supplement FAR Part 12 and DFARS Part 212 provisions or clauses:
(1) DASN(A&LM) is the approval authority for inclusion of a component-unique provision or clause that is necessary to reflect an agency-unique statute applicable to the acquisition of commercial items.
(2) The NSPE is the approval authority for inclusion of any agency or component-unique
provision or clause that is otherwise not necessary to reflect an agency-unique statute applicable to the acquisition of commercial items.
(b) Annex (7), COMMERCIAL ITEM ACQUISITIONS PROVISION/CLAUSE USE,
outlines current sources of approval authority governing inclusion of provisions and clauses in solicitations and contracts for commercial item acquisitions, as well as implementing general procedures to facilitate consistency in management, control and use of properly approved provisions or clauses. See NMCARS 5212.301 (DFARS 212.301) for additional guidance
