FAR 1.4—Subpart 1.4

Scope of subpart.

FAR 1.400 is the scope statement for Subpart 1.4, and it tells readers exactly what this subpart is about: the policies and procedures for authorizing deviations from the FAR. In practical terms, it explains how agencies and contracting personnel may depart from the FAR when a deviation is justified and properly approved, and it signals that the subpart is the governing place to look for deviation authority, approval procedures, and related controls. It also draws an important boundary by stating that exceptions involving the use of FAR-prescribed forms are not covered here; those issues are handled in FAR Part 53 instead. This matters because contractors and contracting officers need to know whether a requested change is a true FAR deviation or a forms-related exception, since the approval path and governing rules differ. The section is brief, but it is important because it defines the subject matter of the subpart and prevents confusion between deviation authority and form-use exceptions.

Definition.

FAR 1.401 defines what counts as a "deviation" from the Federal Acquisition Regulation (FAR). This section is foundational because it tells agencies, contracting officers, and contractors when an action, policy, clause, or procedure is outside the normal FAR framework and therefore may require special approval, justification, or corrective action. It covers six specific situations: issuing or using a policy, procedure, solicitation provision, contract clause, method, or practice that is inconsistent with the FAR; omitting a required solicitation provision or contract clause; using modified or alternate clause language that the FAR does not authorize; using a clause or provision on a "substantially as follows" or "substantially the same as" basis in a way that conflicts with the FAR’s intent or substance; authorizing broader or narrower limitations than the FAR allows; and issuing contracting policies or procedures that control the acquisition process or contracting relationships without incorporating them into agency acquisition regulations as required by FAR 1.301(a). In practice, this definition is the trigger point for deviation analysis: if an agency wants to do something different from the FAR, it must determine whether the action is a deviation and then follow the applicable approval and publication rules. For contractors, this section matters because deviations can affect solicitation terms, clause wording, competition, risk allocation, and contract administration. For contracting officers and policy officials, it is a compliance checkpoint to ensure acquisition actions stay within authorized boundaries or are properly approved when they do not.

Policy.

FAR 1.402 states the basic policy for FAR deviations and explains when agencies may depart from the FAR to meet their specific needs. It covers the general authority to grant deviations, the policy that innovation and testing of new acquisition techniques should not be discouraged by the need for a deviation, and the special cross-references that control deviations involving Part 31, Contract Cost Principles and Procedures. It also identifies areas where deviations are not allowed, including FAR 30.201-3 and 30.201-4 and the Cost Accounting Standards Board (CASB) rules and regulations in 48 CFR chapter 99, and points readers to FAR 30.201-5 for CAS waivers. In practice, this section tells agencies and contracting officials that deviation authority exists to support mission needs and acquisition innovation, but only within the limits set by law, executive order, regulation, and the specific FAR provisions governing cost principles and CAS. It is a policy statement that balances flexibility with control, ensuring agencies can test new methods without treating the deviation process as a barrier, while preserving mandatory requirements where deviations are prohibited.

Individual deviations.

FAR 1.403 addresses individual deviations from the FAR and explains when a deviation may be approved for a single contract action rather than for broader use. It covers three core topics: the limited scope of an individual deviation, who has authority to approve it, and the documentation that must be placed in the contract file. In practice, this section matters when an agency needs to depart from a FAR requirement for one specific procurement action because of a unique circumstance, but does not want to create a class deviation or change agency-wide policy. The rule also ties individual deviations to the agency head’s approval authority, while recognizing that FAR 1.405(e) may provide a different approval path in some cases. For contracting officers, the practical significance is that a deviation is not informal flexibility; it is a controlled exception that must be justified, approved, and recorded. For contractors, it means a single solicitation or contract action may be handled differently from the normal FAR rule, but only through an authorized process.

Class deviations.

FAR 1.404 explains how agencies handle class deviations, which are deviations that affect more than one contract action. It covers when an agency should consider a FAR revision instead of repeatedly using deviations, who may authorize class deviations in civilian agencies other than NASA, the limits on that authority, and the special procedures for DoD and NASA. It also requires civilian agencies other than NASA to send approved class deviations to the FAR Secretariat, and it ties class-deviation processing to agency-specific regulations. In practice, this section matters because class deviations can change acquisition policy across multiple procurements, so they must be controlled carefully to avoid inconsistent treatment, unauthorized policy changes, and unnecessary repetition of temporary workarounds. It also creates a feedback loop: if a deviation is needed on a permanent basis, the agency should consider changing the FAR itself rather than continuing to deviate from it.

Deviations pertaining to treaties and executive agreements.

FAR 1.405 explains how the FAR handles deviations that are needed to comply with international commitments, specifically treaties and executive agreements. It defines what counts as an "executive agreement" for this purpose, then distinguishes between deviations required by treaties and those required by executive agreements. The section authorizes deviations when they are necessary to meet those international obligations, but it also limits that authorization when the deviation would conflict with later-enacted law for treaties, or with applicable law for executive agreements. It also sets out a special process for civilian agencies other than NASA: authorized deviations must be transmitted to the FAR Secretariat through a central agency control point, and deviations that are not already authorized must be routed through the FAR Secretariat to the Civilian Agency Acquisition Council. In practice, this section ensures agencies can honor U.S. international commitments while preserving the hierarchy of domestic law and maintaining centralized oversight of FAR departures.