---
kind: "section"
citation: "48 C.F.R. § 201.304"
title: "48"
number: "201.304"
heading: "Agency control and compliance procedures."
url: "https://uscodex.org/cfr/48/201.304"
---

# §201.304. Agency control and compliance procedures.


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)](#2) of this section, the USD(A&S) has delegated authority to the Principal Director, Defense Pricing, Contracting, and Acquisition Policy (DPCAP) to approve or disapprove the policies, procedures, clauses, and forms subject to [paragraph (1)(i)](#1-i) of this section.
- (2) In accordance with [41 U.S.C. 1304](/usc/41/1304.md), 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](/cfr/48/subpart1.4.md)) 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 USD(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.

## Notes

### Amendments

[56 FR 36284, July 31, 1991, as amended at 60 FR 61591, Nov. 30, 1995; 63 FR 11528, Mar. 9, 1998; 64 FR 39430, July 22, 1999; 65 FR 6552, Feb. 10, 2000; 68 FR 7439, Feb. 14, 2003; 76 FR 58137, Sept. 20, 2011; 77 FR 35879, June 15, 2012; 80 FR 36718, June 26, 2015; 88 FR 73235, Oct. 25, 2023; 89 FR 60830, July 29, 2024]

### Authority

Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.

### Source

Source: 56 FR 36284, July 31, 1991, unless otherwise noted.

### Amendments

[56 FR 36284, July 31, 1991, as amended at 60 FR 61591, Nov. 30, 1995; 63 FR 11528, Mar. 9, 1998; 64 FR 39430, July 22, 1999; 65 FR 6552, Feb. 10, 2000; 68 FR 7439, Feb. 14, 2003; 76 FR 58137, Sept. 20, 2011; 77 FR 35879, June 15, 2012; 80 FR 36718, June 26, 2015; 88 FR 73235, Oct. 25, 2023; 89 FR 60830, July 29, 2024]