FAR 1.400—Scope of subpart.
Plain-English Summary
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.
Key Rules
Subpart covers FAR deviations
This subpart exists to prescribe the policies and procedures for authorizing deviations from the FAR. Any departure from the FAR’s requirements must be evaluated under the deviation framework in this subpart unless another part of the FAR specifically governs the issue.
Forms exceptions are excluded
Exceptions related to the use of forms prescribed by the FAR are not covered in this subpart. Those matters are addressed in FAR Part 53, so users should not rely on Subpart 1.4 when the issue is only whether a prescribed form may be changed or not used.
Use the correct authority path
The section establishes a jurisdictional boundary: deviation requests and form exceptions are separate topics with separate rules. Correctly identifying the issue is essential because the approval process, documentation, and decision-maker may differ depending on whether the matter is a FAR deviation or a forms exception.
Responsibilities
Contracting Officers
Identify whether a proposed action is a deviation from the FAR or a forms-related exception, and route the matter under the correct FAR authority. They must follow the deviation procedures in this subpart when a FAR departure is involved and avoid using this subpart for form exceptions covered by Part 53.
Agencies
Establish and apply internal procedures consistent with the FAR for authorizing deviations from the FAR. They must also ensure personnel understand that exceptions involving FAR-prescribed forms are governed by Part 53, not Subpart 1.4.
Contractors
Recognize that requests to depart from FAR requirements are controlled by government deviation procedures and are not automatically permitted. When a forms issue arises, contractors should look to Part 53 and the contracting officer’s instructions rather than assuming Subpart 1.4 applies.
Practical Implications
This section is a roadmap, not the full rule set: it tells you where to look for deviation authority and where not to look for form exceptions.
A common pitfall is treating a forms issue as a FAR deviation, or vice versa, which can lead to using the wrong approval process.
Contracting personnel should confirm whether the issue is a substantive FAR requirement or simply the use of a prescribed form before taking action.
Because deviations can affect compliance and procurement integrity, agencies should document the basis and approval path carefully.
For contractors, the key takeaway is that departures from FAR requirements are controlled and must be authorized; they are not informal or automatic accommodations.
Official Regulatory Text
This subpart prescribes the policies and procedures for authorizing deviations from the FAR. Exceptions pertaining to the use of forms prescribed by the FAR are covered in part 53 rather than in this subpart.