Centers and operational contracting units shall follow the following procedures for justifying and approving center-unique provisions/clauses.
(a) One-time-use provisions/clauses are not FAR deviations and do not have significant effect on contractors. One-time-use provisions/clauses are not prescribed for repetitive use nor, in fact, are to be used repetitively. These one-time provisions/clauses can only be used for the solicitation/contract for which their use was requested and approved. If one-time-use provisions/clauses are used repeatedly, they must be submitted for approval under the procedures for multiple-use language.
(b) The contracting officer shall determine if use of a provision/clause is appropriate, falls into the one-time use category, does not duplicate or deviate from existing FAR or supplement requirements/prohibitions and does not have a significant effect on contractors or subcontractors. If a contracting officer determines that a provision/clause is necessary and meets all the above criteria, the contracting officer shall make and approve a written determination for use documenting these findings prior to including the provision/clause in the solicitation/contract. The provision/clause must clearly convey its intent and operation, and be reviewed by the legal office (and be found legally sufficient) prior to inclusion in the solicitation/contract. All one-time use provisions/clauses must contain a title and date in accordance with FAR 52.1. Any time the text is changed after approval, the date must be changed and the determination and approval updated.
(c) Contractor/program unique provisions/clauses are written for use with a single contractor to address a specific, unique situation (either in a single contract or in multiple contracts with the contractor), or are used with more than one contractor to address a specific, unique situation peculiar to a program. An example would be a Corporate Administrative Contracting Officer (CACO) recommended clause for use in all contracts with a certain contractor pertaining to its pension plan. If these Contractor/Program unique provisions/clauses are determined necessary for repetitive use within a specific buying office, the rationale for their use must be documented and the applicable program and solicitations/contracts identified, prior to their use in multiple solicitations/contracts. The provisions/clauses and their supporting rationale must be reviewed by the legal office and approved by the COCO. These Contractor/Program unique provisions/clauses will be entered into the appropriate contract writing system for multiple use clauses and will not require approval again when used in the identified solicitations/contracts. Whenever the Contractor/Program unique provisions/clauses are used, the contracting officer shall either place a copy of the approved determination in the contract file or include an annotation on the contract file’s checklist as to the location of the central provision/clause repository. As with one-time use provisions/clauses these Contractor/program unique provisions/clauses must contain a title and date in accordance with FAR 52.1. Any time the text is changed after approval, the date must be changed and the determination and approval updated.
(d) The determination format is the AFMC Clause Control Template which can be used by the contracting officer for one-time use provisions/clauses as well as Contractor/Program unique provisions/clauses.
(e) Implementation/Administrative provisions/clauses that allow for specific center-level implementation and administration do not fall under the above control and compliance procedures. Implementation/administrative language is developed at the center level for use in solicitations and contracts in order to implement a FAR or FAR supplement requirement or to address a variety of administrative matters. An example would be standard center language for describing the ceiling price pursuant to the FAR 52.232-7 requirement to set forth a ceiling price in the contract. This language is normally captured in contract writing data bases.
(f) Multiple Use Language. Candidate provisions/clauses identified for wider application and possible inclusion in higher level FAR Supplements are to be submitted with supporting documentation in the DFARS 201.201-1 format through the COCO to the legal office for review and legal sufficiency. The documentation shall then be forwarded to the center’s Clearance and Program Support office for review and submission to HQ AFMC/PKQ.
