(a) When the Alternate I of the clause at FAR 52.233-1, Disputes, is proposed to be used in contracts when permitted by the circumstances described in DFARS 233.215, the determination shall be approved by the Supply Chain HCAs or, the Commanders/Directors DDC, DMC, DRMS, and DAPS. For those DLA activities not designated as a contracting activity (see DFARS 202.101, the determination to use the Alternate I, as provided in DFARS 233.215, shall be forwarded to DLA Procurement (J-72) by cover letter signed by the Commander/Director for approval by the Director, Acquisition Management, (J-7). Examples of the types of unusual circumstances when continued performance may be determined to be vital to the national security or public health and welfare include the acquisition of weapons support systems, and related components other than those listed in DFARS 233.215, or other essential supplies or services whose timely reprocurement from other sources would be impracticable.
