(a) Requests for authority to deviate from the provisions of the FAR or the DFARS shall be submitted to HQ DLA, ATTN: J-71. Submittals shall be formatted in accordance with the guidance at 90.702. Requests for authority to deviate from the provisions of the DLAD shall be submitted in the form of a letter signed by the Supply Chain Head of the Contracting Activity (HCA) (unless delegated to the Chief of the Contract and be in the format of I. Problem, II. Recommendation, and III. Discussion. The deviation request shall include a statement that the request has been reviewed and concurred in by local counsel. Pertinent comments by local counsel should be forwarded with the request.
(i) Requests for new deviations which will be needed beyond the normal three year expiration period should be submitted to HQ DLA, ATTN: J-71, as permanent deviations to be incorporated into the DLAD. The deviation request shall also include appropriate DLAD language.
(ii) Requests for extension of existing deviations should also be requested as permanent DLAD coverage unless superseding regulatory changes are in process.
(b) Requests for class deviations which have a significant cost or administrative impact upon contractors or offerors must be published in the Federal Register. See 1.501-2.
(i) Class deviations for which publication is required should be submitted to J-71 in sufficient time to allow for a 60 day public comment period, resolution of public comments, review of the resolved comments by the DAR Council and approval by the Director, Defense Procurement and Acquisition Policy.
(ii) If a paperwork reduction or regulatory flexibility analysis is required, additional time should be allowed for these analyses.
(c) For those class deviations which have originated in a DLA field activity and do not have significant cost or administrative impact upon contractors or offerors, the originator will initiate action for renewal or extension, when appropriate, at least 90 days prior to the expiration date.
